Chapter 164 Animals

It shall be unlawful for any person in the Village of Argyle to own, harbor or keep any dog more than six 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.

The owner of any dog more than six months of age on January 1 of any year, or six months of age within the license year, shall annually or on or before the date the dog becomes six months of age pay a license tax and obtain a license.

The minimum license tax under this section shall be based on whether or not the dog is spayed or neutered, and the fee shall be as set from time to time by resolution of the Village Board.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 164-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer 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. Guide dogs for the disabled shall receive a license at no cost.

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 § 164-2E.

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.

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 Clerk-Treasurer upon application therefor.

Multiple dog licenses.

Any person who keeps more than two dogs shall, instead of the license tax for each dog required by this chapter, apply for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as set from time to time by resolution of the Village Board for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over six months of age are currently immunized against rabies, the Village Clerk-Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Multiple dogs may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under the Village's Zoning Code (see Chapter 715, Zoning).

[Amended 7-11-2012]

The owner or keeper of multiple dogs shall keep at all times a multiple dog license tag attached to the collar of each dog over six months old kept by the owner or keeper under a multiple dog 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. 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 multiple dog tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's premises unless the dog is on a leash or temporarily unconfined/unleashed for the purposes of hunting, breeding, trial, training or competition.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

The term "multiple dog" means any establishment wherein or whereon three or more dogs are kept.

No multiple dog license shall be issued to the keeper or operator of multiple dogs who fails to provide proper food and drink and proper shelter for the dogs or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple dog premises upon his/her own initiative. Expressly incorporated by reference in this section as minimum standards for multiple dog keepers or operators are the relevant provisions of Ch. 174, Wis. Stats.

A condition of a multiple license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any multiple dog license be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.

§ 164-4 Late fees. [1]

The Village Clerk-Treasurer shall assess and collect a late fee, as set from time to time by resolution of the Village Board, from every owner of a dog six 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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 164-5 Rabies quarantine.

Area-wide rabies quarantines.

Area confinement order. If a district is quarantined for rabies, all dogs within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog 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-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.

Exemption of vaccinated dog from Village quarantine. A dog 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(1) if a rabies vaccination tag or substitute tag is attached to the dog's collar.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice. A law enforcement or animal control officer shall order a dog quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog cannot be captured or such animal exhibits actual signs of rabies, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head. No person shall interfere with Village authorities or agents in carrying out their duties in this regard. All expenses thus incurred shall be paid by the owner or the person having custody of such dog.

Sacrifice of other animals.

An officer may order killed or may kill an animal other than a dog if the officer has reason to believe that the animal bit a person or is infected with rabies.

Any domesticated wild animal that has bitten any person, inclusive of, but not limited to, wolf-dog hybrids, skunks and raccoons, shall be immediately destroyed by a licensed veterinarian and the proper specimen from the animal tested for rabies by the State Laboratory of Hygiene. All expenses connected therewith shall be charged to the owner or custodian of the animal.

Quarantine procedures.

Vaccinated animal bite incidents. Any dog which has bitten any person and which shows evidence of a current rabies inoculation shall be quarantined at such place as designated by law enforcement or health authorities for a minimum period of 10 days. The dog shall be examined by a licensed veterinarian within 24 hours of a quarantine notice and again on the 10th day after the bite. If, in the opinion of law enforcement or health authorities, the vaccinated animal cannot be confined securely at the residence of its owner or custodian, or exhibits signs of illness as determined by a licensed veterinarian, the dog shall be quarantined at a veterinary hospital under the supervision of a licensed veterinarian.

Unvaccinated animal bite incidents. Any dog which has bitten any person and which does not display evidence of rabies inoculation shall be quarantined within 24 hours of the quarantine order at a veterinary hospital under the supervision of a licensed veterinarian for a minimum of 10 days. "Supervision of a licensed veterinarian" includes, at a minimum, examination of the animal on the first day of isolation and on the last day of isolation. If the veterinarian certifies that the dog has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period. After such period of time, such veterinarian shall report his/her determination or findings thereof in writing.

Risk to animal health due to suspected exposure to a rabid animal.

If a dog is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

If a dog is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

No person shall keep or harbor any dog or other domesticated animal, whether licensed or not, which is known to be, or when there is good reason to believe the same to be, mad, rabid, vicious or dangerous to the public.

§ 164-6 Restrictions on keeping of dogs, fowl and other animals; vicious animals.

Destruction of an animal exhibiting symptoms of rabies. If a veterinarian determines that a dog or other animal exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or other animal is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

Delivery of carcass; preparation; examination by Laboratory of Hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Village, the Laboratory of Hygiene, the applicable health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination.

State laws adopted by reference. The provisions of §§ 95.21 and 174.02(3), Wis. Stats., insofar as the same are applicable, are incorporated by reference and made a part of this section, with the same force and effect as those set forth verbatim herein. Any amendments to those sections shall be adopted by reference as if they were fully set forth herein.

Restrictions. It shall be unlawful for any person within the Village of Argyle to own, harbor or keep any dog which:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 164-13.)

Kills, wounds or worries any domestic animal.

Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

Is unlicensed.

(8)

Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.

Vicious dogs and other animals.

VICIOUS DOG OR OTHER ANIMAL

Definitions. As used in this section, the following terms shall have the meanings indicated:

SERIOUS INJURY

Any abrasions, bruising, cuts, broken bones, lacerations, internal injuries, torn or pulled ligaments or muscles, head injuries, or any other such similar condition.

Any dog or other animal shall be deemed and be presumed to be vicious if, at any time, it bites and inflicts a serious injury to any person or persons two or more times during the dog's or animal's life under unprovoked circumstances and while off the dog's or animal owner's, keeper's or caretaker's premises or property. If the dog or other animal inflicts serious injury in a manner other than biting, said dog or other animal shall also be deemed and presumed to be vicious under this section.

No vicious dog or other animal, as defined herein, shall be allowed to be owned, kept, harbored, maintained or cared for within the Village of Argyle corporate limits by any person or legal entity.

Penalty for keeping vicious dogs or animals in violation of Subsection B.

Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Argyle or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Argyle to enforce or effectuate the Village of Argyle's ordinances.

In the event that any vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the Village of Argyle within seven days of impoundment. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the Village of Argyle within said seven-day period, any law enforcement officer or animal control officer for the Village of Argyle shall be authorized to destroy said animal.

Potentially dangerous dog or other animal.

POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Includes the following:

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

Any dog or other animal which, when unprovoked, bites a person, causing a less severe injury than is defined in Subsection B(1) above.

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period has killed, seriously bitten, inflicted injury or otherwise caused injury to a domestic animal off the property of the owner or keeper of the dog or other animal.

Restrictions and rules regarding potentially dangerous dogs or animals.

Any person may petition the Village Board for the Village of Argyle that a dog or other animal is dangerous or potentially dangerous. Such petition shall be filed with the Village Clerk, who shall set the matter for a hearing before the Village Board for the purpose of determining whether or not the dog or other animal in question should be declared potentially dangerous. Whenever possible, any petition shall be sworn to and verified by the complainant. Notice of the hearing before the Village Board shall be given to the owner, caretaker, or keeper of the dog or animal in question and the petitioner no less than seven days prior to said hearing, with said notice, together with a copy of the petition to be served personally or by first-class mail with return receipt requested. All hearings under this section shall be open to the public.

[Amended 11-5-2014]

The hearing body, which shall be the Village Board for the Village of Argyle, may admit all relevant documents and testimony into evidence, including incident reports and affidavits of witnesses, photographs and personal testimony. The Village Board for the Village of Argyle shall be the exclusive trier of the issue of whether a dog or other animal is determined to be potentially dangerous. For the Village Board of the Village of Argyle to determine that a dog or other animal is potentially dangerous, there must be a preponderance of the evidence to establish the same.

Any owner, harborer, keeper, caretaker or other interested party who is aggrieved by any decision of the Village Board under this section shall have the right to appeal the same by filing an action for certiorari with the Circuit Court no more than 30 days from the date that said aggrieved person had received written notice of the Village Board's decision on whether a dog or other animal is potentially dangerous.

After the hearing conducted pursuant to § 164-6D(2)(a) above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified in writing of the determination and orders issued, either personally or by first class mail return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with § 164-6D(2)(h) and (i) in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the Village of Argyle, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.

(e)

No dog or other animal may be declared potentially dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing or assaulting the dog or other animal, or was committing or attempting to commit a crime. No dog or other animal may be declared potentially dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog or other animal may be declared potentially dangerous if an injury or damage was sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.

(f)

No dog or other animal may be declared potentially dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(g)

No dog or other animal may be declared potentially dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal, and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.

(h)

All potentially dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the Village of Argyle shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the Village Board, after hearing, has determined the designation applies to the dog. The Village of Argyle may charge a potentially dangerous dog fee in addition to the regular licensing fee as to provide for the increased cost of maintaining the records of the dog.

(i)

A potentially dangerous dog or other animal, while on the owner's property, shall, at all times, be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and muzzled, and if it is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.

(j)

If a potentially dangerous dog or other animal dies or is sold, transferred or permanently removed from the Village of Argyle where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors or caretakes a potentially dangerous dog or other animal shall notify the chief law enforcement officer for the Village of Argyle or the animal control officer of the change in condition or new location of the potentially dangerous dog or other animal in writing within 48 hours of said dog or other animal's remove.

Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 164-6D(2) shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 164-6D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 164-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Argyle, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Argyle to enforce or effectuate the Village of Argyle's ordinances may impound any dog or other animal which is subject to § 164-6D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Argyle limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Argyle shall be authorized to destroy said animal.

Unleashed dogs or other animals running at large; animals prohibited in certain areas.

[Amended 1-4-2015]

No owner, keeper, harborer or caretaker of any dog or other animal shall permit the same to be unleashed or unrestrained at any time said dog or other animal is not on the owner's, keeper's, harborer's, or caretaker's property or premises and which is upon any public street, alley, right-of-way or any school ground, public park, cemetery or other public or private property without the permission of the owner or occupier of the property.

A dog or other animal which is leashed or otherwise restrained by any device that is less than 10 feet in length, which is of sufficient strength to restrain and control said dog or other animal, and is held by a person competent to govern and control said animal, who has obtained the age of 10 years or more, and is able to prevent said dog or animal from annoying or worrying pedestrians or from trespassing on private or public property. Furthermore, a dog or other animal is not unleashed or uncontrolled and at large if it is properly restrained within a motor vehicle.

No owner or keeper of a dog or any other animal shall enter any designated public building or area of any public building owned or operated by the Village of Argyle with such dog or animal. The Village Board shall designate such buildings or areas of such buildings which prohibit the entry therein and shall post appropriate signs or warnings of such prohibited areas.

This provision does not apply to any animal used by a person who is visually impaired, hearing impaired, or mobility impaired, for which said animal is being used to assist such impaired person or which animal is being trained for the purpose of assisting such impaired person.

This provision does not apply to any animal used by or under the auspices of any law enforcement agency used in the course of official law enforcement business.

Any person or entity who violates this Subsection F shall be subject to a forfeiture of not less than $25 and not more than $100, together with any impoundment under § 164-7.

Owner's liability for damage caused by dogs or other animals; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs and other animals, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.

Animals restricted on public grounds and cemeteries. No dog shall be permitted in any public playground, school grounds, public park, or swimming area within the Village. Dogs are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this section.

§ 164-7 Impoundment of animals.

Animal control agency.

The Village of Argyle may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.

§ 164-8 Duty of owner in case of animal bite.

The Village of Argyle does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control officer may impound any dog or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner, provided that, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board or impounding agency. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

Every owner or person harboring or keeping a dog or other domesticated animal who knows that such dog or other domesticated animal has bitten any person shall immediately report such fact to Village law enforcement officers and shall keep such dog or other domesticated animal confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog or other domesticated animal shall surrender the dog or other domesticated animal to a law enforcement or humane officer upon demand for examination.

§ 164-9 Pit bulls and other regulated dogs and animals.

Keeping of certain animals prohibited. Except as provided herein, it shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the Village of Argyle:

Exotic animals. Any warm-blooded, carnivorous or omnivorous, wild or exotic animal, including but not limited to nonhuman primates, raccoons, skunks, foxes and wild and exotic cats.

Poisonous animals. Any animal having poisonous bites.

Regulated dogs. Any regulated dog, provided that regulated dogs complying with the provisions of this section may be kept within the Village subject to the standards and requirements set forth in Subsection B of this section. There shall be a presumption that any dog which substantially conforms or exhibits the distinguishing characteristics or substantially conforms to the standards describing the physical characteristics as recognized by the American Kennel Club, the United Kennel Club, or Continental Kennel Club for a particular breed which is regulated by this section shall be deemed a dog of the breed so regulated. "Regulated dog," as that term is used in this section, is defined to mean:

The Staffordshire bull terrier breed of dog.

The American pit bull terrier breed of dog.

The American Staffordshire terrier breed of dog.

The Perro de presa canario breed of dog, otherwise known as Presa canario, also known as Canary dog or Presa dog.

(e)

The Rottweiler breed of dog.

(f)

The Rhodesian ridgeback breed of dog.

(g)

The Mastiff breed of dog.

(h)

Any dog which has the appearance and characteristic of being predominantly of any of the above-listed breed or breeds of dogs.

Keeping of regulated dogs. The provisions of Subsection A are not applicable to any person or persons who own, hold, keep, or harbor a regulated dog or dogs within the Village of Argyle, provided that there is full and continual compliance with the following conditions:

[Amended 7-11-2012; 9-2-2015]

Registration. All owners, holders, keepers, or harborers of a regulated dog shall, prior to harboring or keeping such dog within the corporate limits of the Village of Argyle, register said dog with the Village by filing with the Village Clerk-Treasurer two color photographs of the dog, clearly showing the color and approximate size of the dog. There shall be a registration fee as prescribed from time to time by resolution of the Village Board, which fee shall be paid by the owner, keeper, or harborer of said regulated dog.

Leash and muzzle. No person shall permit a regulated dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a regulated dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects such as trees, posts, buildings, and the like. In addition, all regulated dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting any person or other animal.

Confinement. All regulated dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection B(2). All pens or kennels shall comply with all zoning, building, and health regulations of the Village of Argyle and shall be kept in a clean and sanitary condition.

Confinement indoors. No regulated dog may be kept on a porch, patio, screened-in porch, or in any part of a house or structure that would allow the dog to exit such building in its own volition.

Insurance.

All owners, holders, keepers, or harborers of any regulated dog must, at the time of registering such regulated dog with the Village Clerk-Treasurer, provide proof of insurance to the Village Clerk-Treasurer of public liability insurance in the amounts of:

No less than $500,000 for bodily injury or death to any one person with the limit, however, of not less than $1,000,000 for bodily injury or death resulting from any one incident/accident; and

[2]

No less than $1,000,000 for property damage resulting from any one incident/accident.

[3]

The amounts indicated in Subsection B(5)(a)[1] and [2] hereof shall apply per regulated dog.

[4]

Such owners, holders, keepers, or harborers shall provide to the Village Clerk-Treasurer continual proof of insurance for each regulated dog as long as said dog is within the Village of Argyle.

The Village of Argyle and its Board members shall be named as additional insureds under such insurance, and a copy of the current in-force policy shall be deposited with the Clerk-Treasurer. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the Clerk-Treasurer.

Reporting requirements. All owners, holders, keepers, and harborers of a regulated dog must, within 10 days of the incident, report the following information in writing to the Village of Argyle Clerk-Treasurer:

The removal from the Village or death of a registered regulated dog.

The birth of offspring of a registered regulated dog.

The new address of a registered regulated dog, should the dog be moved within the Village of Argyle.

If the registered regulated dog is sold, the name and address of the new owner.

Animals born of a regulated dog. All offspring of a regulated dog must be removed from the Village of Argyle within six weeks after birth of the animal.

Nonresident owner, holder, keeper or harborer.

[Added 9-2-2015]

No person who is not a resident of the Village of Argyle, as an owner, holder, keeper, or harborer of a regulated dog, shall allow such regulated dog to be within the Village limits unless such regulated dog is under the immediate control of such person and is properly leashed and muzzled.

The penalty provisions of Subsection D(2) shall apply for any violation of this section.

Enforcement provisions.

[Added 9-2-2015]

If any owner, holder, keeper, or harborer of any dog is informed that such dog has been determined by the Argyle Police Department or the Village Board of the Village of Argyle to be a regulated dog as that term is defined in this section, such owner, holder, keeper, or harborer shall, within 10 days of being so notified, either:

Register said dog in accordance with Subsection B(1) of this ordinance and immediately comply with the terms and conditions of this section; or

Permanently remove said dog from the Village of Argyle; or

Provide sufficient proof to the Argyle Police Department that said dog is not a breed or type that is subject to the definitions of a regulated dog pursuant to this section. The burden of proof is upon the owner, holder, keeper, or harborer of said dog to provide sufficient evidence to the satisfaction of the Argyle Police Department that such dog is not a regulated dog. If the Argyle Police Department determines the dog is a regulated dog, such owner, holder, keeper, or harborer shall, upon such determination, either register said dog pursuant to this section and comply with all terms herein, or permanently remove said dog from the Village of Argyle.

Any person who violates any term of this section shall, upon conviction, be subject to a forfeiture of $50, together with court costs and assessments, along with any costs incurred by the Village of Argyle with reference to the violation. Each day of a violation shall be a separate violation for enforcement and penalties.

For the enforcement, penalties, and costs imposed under this section, ownership, holding, harboring, or keeping of an offending animal by a minor person shall be deemed that of the adult or adults that are the head of the particular homestead where the minor resided or the animal is routinely kept, held, owned or harbored.

§ 164-10 Wolf/dog hybrid regulation and confinement.

In addition to the other enforcement provisions of this section, the Village of Argyle shall have the right to seek a court order from any court of competent jurisdiction calling for the removal, including destruction, of any animal from the Village of Argyle found to be held, harbored, kept, owned or otherwise maintained in violation of this section, and to seek the assessment of all cost of the action, including those costs set forth in this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CANINE ANIMAL

Includes all members of the family canidae except foxes.

Canis latrans.

Canis dingo.

Canis familiaris.

Canis aurens.

Includes both Canis lupus and Canis niger.

WOLF/DOG HYBRID

Any cross-breed resulting from the mating of a domesticated dog and a wolf, coyote jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:

Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Village of Argyle any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2006. This prohibition shall not apply to animals being transported through the limits of the Village of Argyle within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Village of Argyle before it has reached the age of five months. Wolf/dog hybrids permitted in the Village of Argyle shall be confined as set forth in this section.

Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Village of Argyle which has not been registered on or before January 30, 2006, that person shall, to the satisfaction of the Court, remove said animal from the Village of Argyle until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by the Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection K on or before January 30, 2006, it shall be removed from and not returned to the Village of Argyle.

Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the Village of Argyle and the owner of any property on which such wolf/dog hybrid is kept shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:

The first enclosure shall be constructed of not less than nine-gauge galvanized chain link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.

The first enclosure shall extend to a height of not less than eight feet and shall be surrounded from ground level to a height of not less than four feet by one-fourth-inch galvanized mesh screening.

The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.

The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision; except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain link fencing to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.

Both enclosures shall be kept locked with case-hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.

Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.

The above-described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept, as defined in the Village Zoning Code.

Transportation and muzzling of animals. A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with one-fourth-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration but will prevent it from biting any person or animal.

Right of inspection. To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the Village shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.

Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.

Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.

Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid, as defined herein, within the Village.

Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Village of Argyle on the date of passage of this section, Subsection D shall take effect on January 30, 2006; for all other persons, said Subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.

Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in the Village of Argyle shall, on or before January 30, 2006, and annually thereafter on or before January 30 of each year, register such animal and provide a current color photograph of such animal with the Village Clerk-Treasurer's office and pay a registration fee as prescribed from time to time by resolution of the Village Board. At the time of registration, each owner of any wolf/dog hybrid kept within the Village limits shall provide to the Village Clerk-Treasurer proof of liability insurance in the amount of at least $1,000,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the Village of Argyle as co-insured solely for the purpose of notice of cancellation of such insurance policy.[1]

§ 164-12 Injury to property by animals.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Warning sign. The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property, as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: WARNING — WOLF/DOG HYBRIDS PRESENT. One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required above.

§ 164-11 Animal feces.

Removal of fecal matter. The owner or person in charge of any dog, cat, horse, potbellied pig, 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.

Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog, cat or other animal must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.

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 thereon.

§ 164-13 Barking dogs. [1]

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps 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 are hereby declared to be a public nuisance. The owner of a dog is considered to be in violation of this section when two formal, written complaints are filed with Village law enforcement officers within a four-week period.

§ 164-14 Prohibited and protected animals, fowl, reptiles and insects; farm animals.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Protected animals.

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).

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).

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 paragraph 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.

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 collectors 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. However, such facilities shall comply with Village zoning requirements.

Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his/her control within the Village any of the following animals, reptiles or insects:

All poisonous animals and reptiles.

Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilia), 30 inches in length or more.

(8)

Coyotes (Canis latrans).

(9)

Deer (Cervidae); includes all members of the deer family; for example, whitetailed deer, elk, antelope and moose.

(10)

Elephants (Elephas and Loxodonta).

(11)

Game cocks and other fighting birds.

(12)

Hippopotami (Hippopotamidae).

(13)

Hyenas (Hyaenidae).

(14)

Jaguars (Panthera onca).

(15)

Leopards (Panthera pardus).

(16)

Lions (Panthera leo).

(17)

Lynxes (Lynx).

(18)

Monkeys, old world (Cercopithecidae).

(19)

Ostriches (Struthio).

(20)

Pumas (Felis concolor); also known as cougars, mountain lions and panthers.

(21)

Rhinoceroses (Rhinocero tidae).

(22)

Snow leopards (Panthera uncia).

(23)

Tigers (Panthera tigris).

(24)

Wolves (Canis lupus).

(25)

Poisonous insects.

Snakes.

For purposes of this subsection, "poisonous" shall mean having the ability to cause serious harm or death by the transfer of venom or poison to a person or animal.

No person shall keep or possess any snake in the Village which is poisonous or in excess of 10 feet in length. This prohibition shall not apply to bona fide zoos, educational institutions or exhibitions keeping such snakes for display or for instructional or research purposes. Any person legally possessing any such animal in this capacity shall notify the Chief of Police in writing of the location and type of snake being kept and the purpose for such possession.

Exceptions; animal trials; wildlife rehabilitators. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens, if:

Their location conforms to the provisions of the zoning ordinance of the Village.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 75 feet of the quarters in which the animals are kept.

§ 164-15 Sale of rabbits, chicks or artificially colored animals.

The prohibitions in this section shall not apply to animals in the possession of a wildlife rehabilitator who is licensed by the State of Wisconsin Department of Natural Resources while such animal is being lawfully nurtured or rehabilitated for release in the wild. No animal may be kept under this exception for a period of more than 55 days. No animal may be kept under this exception that poses a danger to the community.

Farm animals; miniature pigs. Except as provided in § 164-23 regarding miniature pigs, and in revised § 715-24B(1), (2) and (3), no person, persons, or entity shall own, keep, harbor or board within the Village of Argyle corporate boundaries any cattle, horses, ponies, swine, goats, sheep, fowl (more than two) or rabbits (more than four). For purposes of this subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets, provided there is no more than one such miniature pig per household.

[Amended 1-5-2011]

No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.

Restrictions.

No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.

§ 164-16 Providing proper care, food and drink to animals.

No retailer, as defined in § 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.

Care of dogs and domesticated animals. All dogs and domesticated animals shall be cared for, maintained and handled in a humane and sanitary manner and in such a way as to prevent noises, barking, fighting or howling or other disturbance of the peace and quiet of the neighborhood. No domestic animal shall be abandoned or turned loose by its owner or keeper. No animal shall be inhumanely confined in a manner which causes or is likely to cause pain, suffering, injury or death.

Food and water.

No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.

The food shall be sufficient to maintain all animals in good health.

If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.

§ 164-17 Providing proper shelter.

Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

Indoor standards. Minimum indoor standards of shelter shall include:

Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

Outdoor standards. Minimum outdoor standards of shelter shall include:

Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals.

Shelter from inclement weather.

Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.

Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

§ 164-18 Neglected or abandoned animals.

Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

Neglected or abandoned animals.

No person may abandon any animal.

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.

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.

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.

§ 164-19 Cruelty to animals and birds prohibited.

Section 173.10, Wis. Stats., Investigation of cruelty complaints, and § 173.24, Wis. Stats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.

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 whom 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.

Leading animal from motor vehicle. No person shall lead any animal upon a Village street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.

Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in § 961.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.

Use of certain devices prohibited. No person may, directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.

Shooting at caged or staked animals. No person may instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

§ 164-20 Limitation on number of dogs.

[Amended 7-11-2012]

Purpose. The keeping of a large number of dogs within the Village of Argyle for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs is, therefore, declared a public nuisance.

Number limited.

[Amended 12-10-2012]

No person, family, or entity of any kind shall own, harbor or keep in its possession more than two dogs at or in any residential unit without prior issuance of a multiple dog license by the Village Board, except that a litter of pups or portion of a litter may be kept for not more than ten weeks from birth. The limitation as to the litter of pups may be waived with the approval of the Village Board when a multiple dog license has been issued by the Village pursuant to § 164-3 of the Code of Ordinances. Such application of a waiver shall be made to the Village Clerk-Treasurer.

No person, family, or entity of any kind shall own or operate any commercial kennel or boarding kennel within the corporate limits of the Village of Argyle, except such ownership or operation is permitted in the A-1 Agricultural District of the Village of Argyle, provided that a conditional use is obtained and any other restrictions as may be imposed by the Code of Ordinances, the Wisconsin State Statutes, the Wisconsin Administrative Code, and the Village Board are met.

"Commercial kennel" shall mean an establishment wherein any person or entity is engaged in the business of breeding, buying, letting for hire, training for a fee and/or selling of dogs.

VIETNAMESE POTBELLIED PIG

"Boarding kennel" shall mean an establishment wherein any person or entity is engaged in the business of boarding of animals for a period of 12 consecutive hours or longer. "Boarding kennel" shall not include veterinary hospitals, pet shops or commercial kennels.

§ 164-21 Trapping of animals.

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 Argyle 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.

This section shall prohibit the use of all traps on Village-owned property 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.

All such traps set, placed or tended shall comply with Ch. 29, Wis. Stats. as they relate to trapping.

Nothing in this section shall prohibit or hinder the Village of Argyle or its employees or agents from performing their official duties.

§ 164-22 Keeping of bees.

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:

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.

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.

Fresh, clean watering facilities for bees shall be provided on the said premises.

The bees and equipment shall be kept in accordance with the provisions of state law.

A conditional user permit shall first be obtained pursuant to the Village Zoning Code (Chapter 715, Zoning).

§ 164-23 Vietnamese potbellied pigs.

Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

A purebred Vietnamese potbellied pig registered through a North American Vietnamese potbellied pig registry, which does not exceed 100 pounds in weight.

License required/fee. It is unlawful for any person, party, firm or corporation to keep or maintain within the Village of Argyle limits a Vietnamese potbellied pig without first having obtained a license from the Village Clerk-Treasurer and being in compliance with all provisions of this section. The fee for a license issued hereunder or renewal thereof shall be as prescribed from time to time by resolution of the Village Board per calendar year or fraction thereof. Excepted from the license requirement is any law enforcement agency or agency under contract with the Village to care for stray or unwanted animals.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

License/application.

Any applicant for a license or renewal thereof under this section shall file with the Village Clerk-Treasurer a fully executed application on a form prescribed by the Village Clerk-Treasurer, accompanied by the annual license fee.

No licenses or renewal thereof shall issue hereunder until:

A certificate of purebred registration is filed with the Village Clerk-Treasurer.

There has been an inspection by a Village law enforcement officer or the Building Inspector of the premises being licensed and a determination by said sanitarian that all requirements of this section and other applicable general and zoning ordinances have been met.

There is an adequate means of restraining animals from running at large or disturbing the peace.

Any license or renewal thereof issued hereunder shall be for a calendar year or portion thereof. Licenses must be renewed each calendar year on or before the 31st day of January. Licenses shall not be assignable or transferable either to another person, party, firm or corporation or for another location.

When issued, a license shall be kept upon the licensed premises and exhibited, upon request, to any Village personnel requesting to examine it and having authority to enforce this section.

Only one Vietnamese potbellied pig may be at any premises.

License requirements. Licensee shall comply with the following as a condition of obtaining and maintaining a license:

Animal feces to be collected on a daily basis and stored in a sanitary receptacle. Animals shall not be brought or permitted to be on property, public or private, not owned or possessed by the owner or person in charge of the animal, unless such person has in his/her immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.

When sunlight is likely to cause overheating to discomfort, sufficient shade shall be provided to allow an animal kept outdoors to protect itself from the direct rays of the sun.

An animal kept outdoors shall be provided with access to shelter to allow it to remain dry during rain or snow. Animals may be kept outdoors only if contained in a fenced enclosure sufficient for purposes of restraint.

When the atmospheric temperature is less than 50° F., an animal shall be kept indoors at a temperature no less than 50° F., except for temporary ventures which do not endanger the animals health.

An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem.

Animals shall be fed and watered at least once a day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to the animal and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be cleaned daily. Disposable food receptacles may be used, but must be discarded after each feeding. Self feeders may be used for the feeding of dry food, and they shall be sanitized as needed, but at least once per week, to prevent molding, deterioration or caking of feed.

Animals may not be permitted to exceed 100 pounds in weight.

(8)

Animals shall be examined by a veterinarian within a period of 60 days prior to a new license application being filed. The animal may be licensed only upon a written statement from a veterinarian as to:

The animal's weight.

The animal has received all recommended vaccinations and boosters.

The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.

The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.

(e)

The animal has passed a pseudo-rabies test administered in accordance with application state regulations.

(9)

The animal shall not be permitted to run at large. "Run at large" shall mean the presence of an animal which is not on a leash of six feet or less on any public property or thoroughfare or on any private property. An animal may be unleashed on private property, with the permission of the property owner, in a fenced enclosure sufficient for purposes of restraint. Animals which are not leashed in a motor vehicle shall not be deemed to "run at large" if secured in a manner as will prevent their escape therefrom.

(10)

Animals shall not be kept in a manner as to disturb the peace of the neighborhood or of persons passing to and from upon the streets.

Suspension, revocation or denial of renewal of license. The Village President or Village law enforcement officers shall have the right to suspend or revoke any license once granted or deny annual renewal thereof when it appears that any license has violated any of the provisions of this section or any ordinance of the Village or law, rule or regulation of the State of Wisconsin involving cruelty or mistreatment of the animal or the unlawful possession of the animal. Prior to the suspension or revocation of any license or the denial of an application for a renewal thereof, written notice of the reason for such action shall be given to the applicant or licensee by the officer. Such notice shall state that the applicant may pursue an appeal to the Village Board by filing a request within 10 days of such notice.

§ 164-24 Feeding of deer.

It shall be unlawful for anyone to place any type of feeder, above or on the ground, for the purpose of offering any feed such as salt, minerals, apples, corn, sunflower seeds, deer suckers, or any other type of feed for the purpose of enticing deer into any specific area of anyone's property in the Village of Argyle.

§ 164-25 Violations and penalties.

Any person violating § 164-16, 164-17, 164-18, 164-19, 164-20, 164-21, 164-22, 164-23 or 164-24 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.

Licensing and vaccination offenses.

Anyone who violates §§ 164-1, 164-2, 164-3, 164-4 and 164-5 of this Code 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.