[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 7, Ch. 1, and Sec. 8-1-8 of the 1993 Code; amended 11-11-2002 by Ord. No. 2002-8; 8-10-2009 by Ord. No. 2009-02. Subsequent amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any mammal, reptile, birds, and vertebrate creature, domestic or wild.
- AT LARGE
- An animal that is off the property of the owner and not under restraint.
- BODILY HARM
- Bodily injury including, but not limited to, a laceration requiring stitches, any fracture of a bone, a concussion, a loss or fracture of a tooth or any temporary loss of consciousness, sight or hearing.
- Any person who, in the absence of the owner, temporarily harbors, shelters, keeps or is in charge of a dog, cat or any other domesticated bird or animal.
- Any feline, regardless of age or sex.
- Restriction of an animal at all times by the owner to an escape-proof building, vehicle or other enclosure.
- Causing unnecessary and excessive pain, suffering or unjustifiable injury or death to an animal. Additionally, it shall be unlawful to tease, annoy, disturb, molest or irritate an animal that is confined to the owner's premises.
- DANGEROUS OR VICIOUS ANIMAL
- Any of the following:
- A. Any animal which, when unprovoked, inflicts bodily harm on a person, domestic pet or animal on public or private property.
- B. Any animal which repeatedly chases or approaches persons in a menacing fashion or apparent attitude of attack, without provocation, upon the streets, sidewalks or any public grounds or on private property of another without the permission of the owner or person in lawful control of the property.
- C. Any animal with a known propensity, tendency or disposition to attack, to cause injury to, or otherwise threaten the safety of humans or other domestic pets or animals.
- Any canine, regardless of age or sex.
- DOMESTIC ANIMAL
- Any animal which normally can be considered tame converted to home life.
- DWELLING UNIT
- A building or portion thereof designed to be used exclusively for residential purposes.
- FARM ANIMAL
- Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
- HEALTH OFFICER
- The City Health Officer or his/her duly designated representative.
- Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling of dogs or cats.
- LAW ENFORCEMENT OFFICER
- As appears in § 967.02(5), Wis. Stats., and includes a humane or animal control officer under § 173.07, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
- As used herein as describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.
- Any individual that has the right of property in an animal or who keeps, harbors, cares for, acts as its custodian or who knowingly permits an animal to remain on or about his premises/property for five or more consecutive days.
- An animal kept and treated as a pet.
- PET SHOP
- Any retail establishment in a commercially zoned building whose business includes the sale of live animals.
- PROHIBITED DANGEROUS OR VICIOUS ANIMAL
- Any of the following:
- A. Any animal that is determined to be a prohibited dangerous animal under this chapter.
- B. Any animal that, while off the owner's or caretaker's property, has killed a domesticated animal without provocation.
- C. Any animal that, without provocation, inflicts serious bodily harm on a person on public or private property.
- D. Any animal brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.
- E. Any dog that is subject to being destroyed under § 174.02(3), Wis. Stats.
- F. Any dog trained, owned or harbored for the purpose of dog fighting.
- PUBLIC NUISANCE
- Any animal which:
- A. Molests passersby or passing vehicles.
- B. Attacks persons or animals without provocation when such persons or animals are peacefully conducting themselves in a place where they are lawfully entitled to be.
- C. Is at large on school grounds, parks or cemeteries.
- D. Is repeatedly at large.
- E. Damages private or public property.
- F. Barks, whines, cries or howls in an excessive, continuous or untimely fashion.
- G. Does not have the vaccination as required by § 251-2 of this chapter.
- H. Is the subject of repeated violations under this chapter.
- RENDER STERILE
- Refers to a surgical procedure that has been performed on an animal that renders it incapable of siring or bearing offspring. The term includes neutering and spaying.
- RESIDENTIAL LOT
- A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.
- The animal is secured by a leash or lead and under the control of a responsible person and obedient to that person's command or within the real property limits of it owner.
- SERIOUS BODILY HARM
- Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
- VETERINARY HOSPITAL OR CLINIC
- Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.
- WILD ANIMAL
- Any nonhuman primate, raccoon, skunk, fox, wolf, or any animal which is in part of the Canis lupis species, any animal raised for fur-bearing purposes or any other animal or hybrid thereof which can normally be found in the wild state, or poisonous reptiles, crocodilians and any other snake or reptile exceeding three feet in length.
Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian at no later than five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the City of Marion after the dog or cat reaches five months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the City, unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21, Wis. Stats.
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the City stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, and the City.
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first.
Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition or to a dog or cat securely confined indoors. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do no apply to a dog or cat which is not required to be vaccinated under Subsection A.
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
Statutes. The provisions of § 95.21, Wis. Stats., relating to rabies control are hereby adopted and incorporated by reference.
It shall be unlawful for any person in the City of Marion to own, harbor or keep any dog or cat more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
The owner of any dog or cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog or cat becomes five months of age, pay a license tax and obtain a license.
The license tax under this section shall be set by the Common Council. The license tax shall be reduced by 1/2 if the animal became five months of age after July 1 during the license year. The license year shall commence January 1 and end December 31.
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 251-2 of this chapter, the City Clerk-Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state law. The City 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.
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog or cat for which the license is issued at all times, except as provided in § 251-2E.
The fact that a dog or cat is without a tag attached to the dog or cat by means of a collar shall be presumptive evidence that the dog or cat is unlicensed. Any City law enforcement or humane officer shall seize, impound or restrain any dog or cat for which a dog or cat license is required which is found without such tag attached.
No person may use any dog or cat license for any animal other than the animal for which it was issued.
Exceptions. Notwithstanding the foregoing, and pursuant to §§ 174.054, 174.055 and 106.52(3)(am)1, Wis. Stats., as amended, every dog or cat specifically trained to lead blind or deaf persons or assist a disabled person or which is a police dog is exempt from the dog or cat license tax, and every person owning such a dog or cat shall receive annually a free dog or cat license from the City Clerk-Treasurer upon application therefor.
Any person who keeps or operates a kennel may, instead of the license tax for each dog or cat required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax set by the Common Council. Upon payment of the required kennel license tax and, if required by the City, upon presentation of evidence that all dogs and cats over five months of age are currently immunized against rabies, the Clerk-Treasurer shall issue the kennel license and a number of tags equal to the number of dogs or cats authorized to be kept in the kennel. Kennels may only be located in residential areas following a public hearing and approval by the Common Council utilizing the conditional use procedures prescribed in Chapter 625, Zoning, of this Code; the Council may attach conditions to such approval as a conditional use under Chapter 625, Zoning.
The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog or cat over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. These tags may be transferred from one dog or cat to another within the kennel whenever any dog or cat is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog or cat for which it is issued at all times, but this requirement does not apply to show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. No dog or cat bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog or cat is on a leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
The term "kennel" means any establishment wherein or whereon three or more dogs or cats are kept.
No kennel license shall be issued to the keeper or operator of a kennel who fails to provide proper food and drink and proper shelter for the dogs or cats in said kennel or who neglects or abandons said dogs or cats. The Chief of Police or other designated official shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon his own initiative. Expressly incorporated by reference in this section as minimum standards for kennel keepers or operator are the relevant provisions of Ch. 951, Wis. Stats.
The City Clerk-Treasurer shall assess and collect a late fee set by the Common Council from every owner of a dog or cat five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or cat, or if the owner failed to obtain a license on or before the dog or cat reached licensable age. Said late fee shall be charged in addition to the required license fee.
Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the City shall be kept securely confined, tied, leashed or muzzled. Any dog or cat 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 City Clerk-Treasurer shall promptly post in at least three public places in the City notices of quarantine.
Exemption of vaccinated dog or cat from City quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.
Quarantine or sacrifice of dog or cat. An animal control or law enforcement officer shall order a dog or cat 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 or cat cannot be captured, 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.
Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
Quarantine of dog or cat.
Delivery to isolation facility or quarantine on premises of owner. An animal control or law enforcement officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued, or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
Risk to animal health.
If a dog or cat 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 or cat 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 or cat 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 or cat 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.
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat 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 cat 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 City, 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 City, the Laboratory of Hygiene, the local 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. If the owner is unknown, the county is responsible for these expenses.
Restrictions. It shall be unlawful for any person within the City of Marion to own, harbor or keep any dog or cat which:
Habitually pursues any vehicle upon any public street, alley or highway in the City.
Is at large within the limits of the City.
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.
Dangerous or vicious dogs and animals.
Procedure for declaring animal dangerous.
Upon conducting an investigation, the law enforcement officer may issue an order declaring an animal to be a dangerous animal. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the Police Chief a written objection to the order stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Board of Health to be reviewed at the next regular meeting. The Board of Health shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared dangerous.
After the hearing, the owner or caretaker shall be notified in writing of the Board's determination. If the Board upholds the determination that the animal is dangerous, the owner or caretaker shall comply with the requirements of Subsection B(2). If the owner or caretaker further contests the determination, he or she may, within five days of receiving the panel's decision, seek review of the decision by any court of competent jurisdiction in the State of Wisconsin.
Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with leashing, muzzling and confinement requirements of Subsection B(2), with all other requirements in that subsection being satisfied within 30 days of the dangerous declaration or reaffirmation thereof, or within such time as established by the Board of Health.
Dangerous or vicious animals regulated.
No person may harbor or keep a dangerous animal within the City unless all provisions of this section are complied with. Any animal that is determined to be a prohibited dangerous animal under this section shall not be kept or harbored in the City. The issuance of a citation for a violation of this section need not be predicated on a determination that an animal is a dangerous animal.
No owner or caretaker harboring or having the care of a dangerous animal may permit such an animal to go outside its dwelling, kennel or pen unless the animal is securely restrained with a leash no longer than four feet in length. No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside its dwelling, kennel or pen unless a person who is 16 years of age or older, competent to govern the animal and capable of physically controlling and restraining the animal, is in physical control of the leash.
A dangerous animal may be securely leashed or chained to an immovable object, with the owner or caretaker being in the physical presence of the animal at all times when it is so leashed or chained.
A dangerous animal outside of the animal's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals.
Except when leashed and muzzled, all dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition and does not allow a child or person to reach into or enter the pen or kennel.
No dangerous animal may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the animal to exit the building on its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
Signs. The owner or caretaker of a dangerous animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters not less than two inches high warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
Spay and neuter requirement. Within 30 days after an animal has been designated dangerous, the owner or caretaker of the animal shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered.
Notification. The owner or caretaker shall notify the Police Department within 24 hours if a dangerous animal is at large, is unconfined, has attacked another animal or has attacked a human being or has died. No person may sell or transfer possession of a dangerous animal to another person without first notifying the person to whom the dangerous animal is being sold or transferred of the fact that such animal is a dangerous animal and of any requirements imposed upon the selling or transferring party by this section. No person may sell or transfer possession of a dangerous animal to another person, agency, organization or the like without first notifying the Police Department in writing, at least three days in advance of the sale or transfer of possession, of the name, address and telephone number of the new owner of the dangerous animal. If the dangerous animal is sold or given away to a person residing outside the City, the owner or caretaker shall present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner of the dangerous animal.
Euthanasia. If the owner or caretaker of an animal that has been designated a dangerous animal is unwilling or unable to comply with the regulations for keeping the animal in accordance with this section, he or she may have the animal humanely euthanized by an animal shelter, the humane society or a licensed veterinarian.
Certain animals not be declared dangerous. Notwithstanding the definition of a dangerous animal in § 251-1, no animal may be declared dangerous:
If death, injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a trespass on the land or criminal trespass on the dwelling upon premises occupied by the owner of the animal; was teasing, tormenting, abusing or assaulting the animal; or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects persons or property.
If death, injury or damage was sustained by a domestic animal which, at the time such was sustained, was teasing, tormenting, abusing or assaulting the animal.
If the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
For acts committed by the animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
Animals running at large.
No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the City. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or City ordinance to be licensed shall be seized and impounded by an animal control or law enforcement officer.
A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it or is trained and in the immediate company of a person to whom it immediately responds and obeys (e.g., a dog playing a game of fetch in a field or walking alongside its owner or a member of the owner's immediate family), if such person is over the age of 12 years.
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.
Sanitary requirements. All structures, pens, buildings, stables, coops or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors.
Animals excluded from food-handling establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public.
Animal control agency.
The City of Marion 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.
The City of Marion 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, any animal control or law enforcement officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of the City; assaults or attacks any person; is at large within the City; 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 possession a signed statement of a complaining witness alleging the facts regarding the violation.
Claiming animal; disposal of unclaimed animals. After seizure of an animal 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 United States Mail, if such owner is known to the officer or can be ascertained with reasonable effort. 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 time, the owner may reclaim the animal upon payment of impoundment fees plus the actual cost of boarding the animal for each day or fraction thereof the dog or cat has been so impounded. Owners of unlicensed dogs or cats shall also obtain a license prior to release of an impounded animal. No animal shall be released from the pound without being properly licensed if so required by state law or City ordinance.
City not liable for impounded animals. The City 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.
The owner or caretaker of any animal shall confine, restrain or maintain control over the animal so that the unprovoked animal does not run at large or attack or injure any person or domesticated animal.
All owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance.
Public lands. No dog or cat shall be permitted on any public sidewalk, walkway, trail, playground, school grounds, public park, beach, or swimming area within the City unless such dog or cat is on a leash and under control.
Cemeteries. Dogs and cats are prohibited from being in cemeteries.
Exemption. Every dog or cat specially trained to lead blind or deaf persons or assist a disabled person or which is a police dog is exempt from this section.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Chief of Police and shall keep such dog or cat confined for not less than 10 days or for such period of time as the animal control officer shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement, health, or animal control officer upon demand for examination.
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, flowerbed, plant, shrub, tree or garden in any manner whatsoever, or to defecate or urinate thereon.
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls 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 and cats are hereby declared to be a public nuisance.
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 City 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), or alligator, caiman or crocodile of the order of crocodilian, gray or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), or 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 City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector's 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.
Wild animals; prohibition of keeping. Except for state-licensed game farms, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the City 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 control within the City any of the following animals, reptiles or insects:
All poisonous animals and reptiles, including rear-fang snakes.
Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus).
Baboons (Papoi, Mandrillus).
Cheetahs (Acinonyx jubatus).
Crocodilians (Crocodilia), 30 inches in length or more.
Constrictor snakes, six feet in length or more.
Coyotes (Canis latrans).
Game cocks and other fighting birds.
Jaguars (Panthera onca).
Leopards (Panthera pardus).
Lions (Panthera leo).
Pumas (Felis concolor), also known as cougars, mountain lions and panthers.
Sharks (class Chondrichthyes).
Snow leopards (Panthera uncia).
Tigers (Panthera tigris).
Wolves (Canis lupus).
Except in properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens, poultry or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a state-licensed game farm; a veterinarian for treatment; agricultural fairs; shows or projects of the 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; or zoological gardens if:
Farm animals. The keeping of cattle, horses, hogs, poultry and other farm animals is prohibited within the City of Marion, except in areas zoned agricultural.
Keeping for exhibition purposes; keeping wild animal as pet.
No person shall exhibit or permit to be kept on his premises or any public place any wild animal for display or exhibition purposes, whether gratuitously or for a fee.
The prohibitions in Subsection F(1) of this section do not apply when the creatures are in the care, custody or control of a veterinarian for treatment.
Public or private educational institutions, nonprofit organizations, itinerant or transient carnivals, circuses or other theatrical performances may seek from the Police Department a limited exemption from this section, provided that the display will be of limited duration and meet any other requirements or conditions mandated by the Police Department. The person or organization having custody and control of any animal permitted by this section shall be responsible of compliance with all other provisions of this chapter while the animal remains within the City limits.
No person shall keep or permit to be kept any wild animal as a pet.
Feeding of waterfowl prohibited.
No person may place any salt, mineral, grain, seed, fruit or vegetable material outdoors on any public or private property for the purpose of feeding waterfowl.
Exceptions. Subsection G(1) shall not apply to the following situations:
Naturally growing materials. Naturally growing grain, seed, fruit or vegetable material, including gardens.
Bird feeders. Unmodified commercially purchased bird feeders or their equivalent.
Editor's Note: Original Sec. 7-1-13, Sale of rabbits, chicks or artificially colored animals; Sec. 7-1-14, Providing proper food and drink to confined animals; and Sec. 7-1-15, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 951.10, 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in § 468-1 of this Code.
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 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.
Section 173.24, Reimbursement for expenses, of the Wisconsin Statutes is 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 that the owner of such cannot be located, the City or animal control agency with which the City 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.
No person except a police officer or health or humane officer in the pursuit of his duties shall, within the City, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs.
Purpose. The keeping of a large number of dogs or cats within the City of Marion 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 or cats is, therefore, declared a public nuisance.
Number limited. No person or household shall keep more than four animals, no more than two dogs and two cats, in aggregate, or two rabbits or two ferrets on any City lot, land parcel, residential lot or dwelling unit if in a multiple-dwelling unit, except a litter of offspring from one female dog, cat or other pet, or a portion of a litter, may be kept for not more than 16 weeks from birth or when a kennel license has been issued.
Person walking animal required to remove fecal matter. It shall be unlawful for any person to cause or permit any animal, specifically including but not limited to dogs, horses and cats, to be on property, public or private, not owned or possessed by such person unless such person has in his 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. Any person causing or permitting a dog, horse, or cat to be on property not owned or possessed by such person shall immediately remove all excrement of such dog, horse, or cat to a receptacle located upon property owned or possessed by such person. No person shall permit his dog or other animal to excrete feces upon public rights-of-way or in any park in the City. 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 or cat must also prevent accumulation of animal waste on his own property by regularly patrolling and properly disposing of the fecal matter.
[Amended 2-11-2013 by Ord. No. 2013-001]
In the interest of public health and safety, it shall be unlawful for any person, in or on City-owned land within the City of Marion 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, except as expressly otherwise provided in this section. "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 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.
This section shall not apply to trapping on private property.
Nothing in this section shall prohibit or hinder the City of Marion or its employees or agents from performing their official duties.
Provided however, that the above provisions of this section shall be subject to the following exception: Underwater traps that cause death shall be allowed on City property for the purpose of trapping muskrats. Trapping of muskrats by underwater traps that cause death shall be allowed by authorization of the Chief of Police who may issue written permits to individuals to trap on public premises if the Council determines such privileges to be necessary for the protection of City property, and subject to such safeguards as may be imposed for the safety of the lives, health, and property of other persons within the City of Marion. Irrespective of this provision, leg traps of any type are still prohibited under this section.
Effective date. This section shall become effective February 21, 2013.
[Amended 12-10-2012 by Ord. No. 2012-001]
Except as otherwise provided herein, any person violating this chapter shall be subject to a penalty as prescribed in § 1-4 of this Code. This subsection shall also permit the City Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
An owner who fails to have a dog or cat vaccinated against rabies may be required to forfeit not less than $50 nor more than $100.
If the owner of an animal negligently or otherwise permits the animal to run at large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses.