[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as § 12.28 of the 1993
Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any male animal that has been operated on to prevent it from
procreating.
Every living warmblooded creature, except a human being,
and every reptile or amphibian. For regulatory purposes, this definition
includes honeybees.
[Amended 5-13-2015 by Ord. No. 3581]
The person appointed by the City Manager as an Animal Control
Officer who is qualified to perform duties of animal control as provided
by the laws of Wisconsin and the ordinances of the City.
Any facility operated by a municipal agency or its authorized
agents for the purpose of impounding or caring for animals held under
the authority of this chapter or state law.
Any place or facility where animals are regularly bought,
sold or traded, except for those facilities otherwise defined in this
chapter. This chapter does not apply to individual sales of animals
by owners.
Any person, group of persons or corporation engaged in the
keeping of cats or the business of breeding, buying, selling or boarding
cats.
A commercial variety show featuring animal acts for public
entertainment.
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibition or kennel.
Restriction of an animal at all times by the owner, or his
agent, to an escape-proof building or other enclosure, away from other
animals and the public.
An agent, usually a chemical, that kills growing forms but
not necessarily resistant spore forms of the disease-producing microorganisms.
The act of destroying infectious agents.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Has been seized with the teeth or jaws so that the person
or animal seized has been nipped, gripped, wounded or pierced, and
further includes contact of saliva with any break or abrasion of the
skin.
An establishment wherein any person is engaged in the business
of boarding, breeding, buying, letting for hire, training for a fee
or selling dogs.
A cord, rope, strap, chain or training lead which shall be
securely fastened to a dog, cat or other animal and shall be of sufficient
strength to keep such dog, car or other animal under control.
Any person owning, keeping or harboring one or more animals.
An animal shall be deemed to be harbored if it is fed or sheltered
for three or more consecutive days.
Any spectacle, display, act or event, other than circuses,
in which performing animals are used.
Any animal kept for pleasure rather than utility.
Any establishment, operated separately or in connection with
another business enterprise, except a licensed kennel or cattery,
that buys, sells or boards any species of animal.
Any animal which:
A certificate describing the animal, age and breed, owner,
and vaccination tag number, dated and signed by a licensed veterinarian
which indicates that the described animal has been immunized against
rabies.
An animal shall be deemed to be under restraint if on the
premises of its owner or if accompanied by a responsible person capable
of controlling the animal and under that person's control via a leash.
Any place which has available for hire, boarding or riding
instruction any horse, pony, donkey, mule or burro.
Any female animal which has been operated upon to prevent
conception.
The vaccination of a dog or cat with a rabies vaccine licensed
by the United States Department of Agriculture.
Any establishment maintained and operated by the licensed
veterinarian for the boarding of animals or the diagnosis and treatment
of diseases and injuries of animals.
Any animal that constitutes a physical threat to human beings
or other animals.
Any live monkey, raccoon, skunk, fox, poisonous snake, leopard,
panther, tiger, lion, lynx or any other animal which can normally
be found in the wild state.
Any facility, other than a pet shop or kennel, displaying
or exhibiting one or more species of nondomesticated animals, operated
by a person, partnership, corporation or government agency.
A.
Required. Any person owning, keeping, harboring or having custody
of any dog or cat over five months of age within this City must obtain
a license as provided for in this chapter. This provision may not
apply to the keeping of small caged animals, birds or aquatic reptiles
and amphibian animals solely as pets.
B.
Exception. No license or permit shall be required of any humane society
or municipal animal control facility.
C.
Application.
(1)
Application for license shall be made to the City Clerk and shall
include the name and address of the owner, description of the animal,
the appropriate fee, information on whether the animal is spayed or
neutered, and a rabies certificate issued by a licensed veterinarian
or antirabies clinic that illustrates that the animal for which the
license is sought has received current immunization for rabies. Written
proof is required from a licensed veterinarian that the animal being
licensed has been spayed or neutered.
[Amended 4-24-2014 by Ord. No. 3544; 2-28-2018 by Ord. No. 3654]
(2)
Application for a license must be made within 30 days after obtaining
a dog or cat over five months, except that this requirement will not
apply to a nonresident keeping a dog or cat within the City for no
longer than 30 days.
D.
Fees.
(1)
Generally. Fees are set by resolution of the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
(2)
Exception. License fees shall not be required for service dogs and
government-owned police dogs. "Service dogs" are dogs that have been
specially trained to do work or perform tasks for a person with a
disability. "Service dogs" do not include animals whose purpose is
to provide emotional support for their owner. Licenses for the above
dogs shall be issued without charge.
[Amended 8-24-2016 by Ord. No. 3612]
(3)
Disbursement. All revenue acquired through this chapter shall be
turned over to the City Treasurer or his/her designee and placed in
a special account, the dog license tax portion to be disbursed pursuant
to Ch. 174, Wis. Stats., and other revenue shall be disbursed for
animal welfare as directed by the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
E.
Dog rabies vaccination exemption for medical reasons.
[Added 2-28-2018 by Ord.
No. 3654]
(1)
The owner of a dog may be exempt from the requirement of having a
dog vaccinated against rabies if the owner submits a letter to the
City from a licensed veterinarian stating that vaccination is inadvisable
because of a reaction to a previous vaccination, a physical condition,
or a regimen of therapy the dog is undergoing.
(2)
The owner of a dog seeking an exemption under these provisions must provide a new letter to the City Clerk for each year in which the owner seeks an exemption. The letter shall be provided to the City Clerk with the application for license under § 216-2C of this Code.
(3)
No medical exemption request will be granted by the City if the dog
has a known history of biting other animals or people, if the dog
has been declared a dangerous dog, or if the dog has been declared
a vicious dog.
F.
Issuance. Upon acceptance of the license application and fee, the
City Clerk or his/her designee shall issue a durable tag, stamped
with an identifying number and the year of issuance.
[Amended 4-24-2014 by Ord. No. 3544; 2-28-2018 by Ord. No. 3654]
(1)
Dogs and cats must wear identification tags at all times when off
the premises of the owner, except under any organized show or training
situation.
(2)
No person shall use any license receipt or license tag issued for
one animal on another animal.
(3)
Dog rabies vaccination exemptions. Before issuing a tag and license
to an owner who requests a rabies vaccination exemption, the City
Clerk shall confirm with the Police Department that the dog for which
the exemption is requested has no known history of biting other animals
or people, has not been declared a dangerous dog, and has not been
declared a vicious dog.[1]
[1]
Editor's Note: Original § 12.28(2)(e)3, Census,
which immediately followed this subsection, was repealed 4-24-2014
by Ord. No. 3544.
G.
H.
Release from impoundment. Any dog or cat which has been impounded
as a result of being lost or at large shall not be released to its
owner until the owner can show proof of the following:
[Amended 4-24-2014 by Ord. No. 3544]
(1)
The
owner's name and address.
(2)
The
animal is properly licensed.
(3)
The
animal is properly vaccinated.
(4)
All
fines and court costs involving said animal have been paid.
(5)
The
owner has paid all applicable fees, including but not limited to fees
for pickup, boarding, impoundment and medication.
[Amended 1-24-1996 by Ord. No. 2825]
A.
Required. No person shall operate a commercial animal establishment
or animal shelter without first obtaining a permit in compliance with
this chapter.
B.
Regulations. The City Manager or his designee shall promulgate regulations
for the issuance of permits and shall include requirements for humane
care of all animals and for compliance with the provisions of this
chapter and other applicable laws. The City Manager may amend the
regulations from time to time as deemed desirable for public health
and welfare and for the protection of animals.
C.
Issuance. Upon a showing by an applicant for a permit that he is willing and able to comply with the regulations promulgated under Subsection B, a permit shall be issued upon payment of the applicable fee set by resolution of the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
D.
Term. The permit period shall begin with each calendar year and shall
run for one year. Renewal application for permits shall be made 30
days prior to and up to 60 days after the start of the calendar year.
Application for permit to establish a new commercial animal establishment
under the provisions of this chapter may be made at any time.
E.
Change in ownership. If there is a change in ownership of a commercial
establishment, the new owner may have the current permit transferred
to his name upon payment of the transfer fee set by resolution of
the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
F.
Permits separate. Every facility regulated by this chapter shall
be considered a separate enterprise and requires an individual permit.
G.
Exception to fee. No fee may be required of any animal shelter or
government operated zoological park.
H.
Change in type of permit. Any person who has a change in the category
under which a permit was issued shall be subject to reclassification
and appropriate adjustment of the permit fee shall be made.
I.
Inspection. Permits shall be issued upon payment of the applicable
fee and completion of a satisfactory inspection by the Animal Control
Officer.
A.
Multiple pet owner's permit.
(1)
Definition. A pet owner may obtain a permit allowing him to keep
not more than four licensable pets over the age of three months, except
those breeders of purebred animals who declare they have need of additional
time to evaluate the quality of the offspring from a single litter.
Such declarer shall have the right to keep the offspring an additional
two months.
(2)
Any complaints of excessive noise or odor or other complaints of
violation may result in the loss of the holder's permit.
(3)
All animals not housed indoors must be adequately housed in accordance
with this chapter.
(4)
Care of all animals shall be in accordance with this chapter.
B.
Pet shop permit.
(1)
Duties of permit holder.
(a)
Each permit holder shall:
[1]
Keep accurate records of each animal for a minimum period of 12 months
after date of sale or transfer of animal and shall include the source
of animal, date of sale, description, approximate age and sex of animal
sold and the name and address of purchaser. Records of sales of small
mammals and fish are not required.
[2]
Take reasonable care to release for sale, trade or adoption only
those animals which are free of disease, injuries or abnormalities.
A health certificate issued by a licensed veterinarian for any animal
within 30 days before the sale, trade or adoption is prima facie evidence
that the permit holder has taken reasonable care, as required by this
chapter.
(b)
If record of prophylactic medication and immunization is used
in advertisement or is furnished the purchaser or person acquiring
an animal, specific information regarding type, amount and date of
prophylactic medication and immunization shall be kept by the permit
holder and shall become a part of the retail sales record.
(2)
Animal unfit for sale or release. The following shall deem an animal
unfit for sale or release:
(a)
Obvious signs of infectious diseases such as distemper, hepatitis,
leptospirosis, rabies or other similar diseases.
(b)
Obvious signs of nutritional deficiencies which may include
rickets, emaciation, etc.
(c)
Obvious signs of severe parasitism, extreme enough to be influencing
general health.
(d)
Obvious fractures or congenital abnormalities affecting general
health of animal.
(3)
The City Manager or Animal Control Officer may restrict the sale
of any animal suspected of being diseased or otherwise unfit for sale.
An examination by a veterinarian may be requested at the expense of
the enforcement agency.
(4)
Inspection of the premises of a permit holder to determine compliance
with this chapter may be made by the City Manager or Animal Control
Officer or authorized agents.
(5)
Written statement required for purchase. The permit holder shall
furnish the purchaser a written statement at the time of sale. The
statement shall show:
(a)
Date of sale.
(b)
Name, address, and telephone number of both permit holder and
purchaser.
(c)
Breed, description, and approximate age of dog, cat, or nonhuman
primate.
(d)
Prophylactic medication and immunizations and dates administered.
(e)
Internal parasite medication and date administered.
(f)
Guarantee, if offered; if none, so stated.
(6)
Standards. All pet shops and stores selling animals, birds and fish
as pets shall, in addition to the other requirements of this chapter,
comply with the following standards. Failure to meet these standards
shall be grounds for denial or revocation of a permit.[1]
(a)
All animals, birds or fish shall be displayed in a healthy condition
or, if ill, removed from display and shall be given appropriate treatment
immediately.
(b)
All animals shall be quartered and the quarters in which the
animals are kept shall be maintained in a clean condition and in good
state of repair.
(c)
The room temperature of the shop shall be maintained at a level
that is healthful for every species of animal kept in the shop.
(d)
There shall be sufficient clean, dry bedding to meet the needs
of each individual animal. Litter and bedding material shall be changed
as often as necessary and there shall be adequate ventilation to prevent
an odor nuisance.
(e)
Feces shall be removed from pens and enclosures as often as
necessary to prevent unsanitary conditions and odor nuisance and stored
in tightly covered containers until final disposal.
(f)
All cages and enclosures are to be of a nonporous material for
easy cleaning and disinfecting and shall have secure latches in good
repair. Each cage must be of sufficient size that the animal will
have room to stand, turn and stretch out to its full length.
(g)
The floor and walls of any room in which animals are kept shall
be covered with impervious, smooth, cleanable surface. The floors
and walls shall be cleaned and disinfected as often as necessary to
prevent an odor nuisance.
(h)
The premises shall be kept free of insect and rodent infestations.
Food supplies shall be stored in rodentproof containers.
(i)
There shall be available hot water for washing cages. Fresh
drinking water shall be available to all species at all times. All
water containers shall be mounted so the animal cannot easily turn
them over and be removable for cleaning.
(j)
Food for all animals and birds shall be served in a clean dish
so mounted that the animal cannot readily tip it over or defecate
or urinate in same.
(k)
All animals must be fed and watered according to the accepted
procedure for that species and cages cleaned every day, including
Sundays and holidays.
(l)
The water temperature for fish shall be maintained at a temperature
that is healthful.
(m)
Shade from the direct rays of the sun shall be provided for
all animals.
(n)
Each bird must have sufficient room to sit on a perch. Perches
shall be placed horizontal to each other in the same cage. Cages must
be cleaned every day and disinfected when birds are sold. Parrots
and other large birds shall have separate cages from smaller birds.
No pet shop shall engage in the purchase, keeping or sale of any species
of primates, bats, foxes, raccoons, skunks, turtle eggs, poisonous
snakes or any species of animal considered "endangered" or considered
a public health hazard by the USDA or the Food and Drug Administration.
(o)
In addition, the violator of this chapter may be arrested and
charged with the violation in a court of law and have his pet shop
permit revoked.
C.
Grooming shop permit.
(1)
Each permit holder shall comply with all provisions of this chapter
and any specific regulations relating to grooming care.
(2)
No dog or cat shall be accepted for grooming unless it has been vaccinated
for distemper or rabies and proof of vaccination has been furnished
to the shop operator. (Exemption to distemper vaccination requirement
upon written recommendation from owner's veterinarian.) Any dog or
cat accepted must be in compliance with the rabies vaccination requirements
of this chapter. Such proof shall be recorded on the operator's records.
D.
Kennel or cattery permit.
(1)
Each permit holder shall, in addition to the other requirements of
this chapter, comply with the minimum standards of this chapter. Failure
to meet these standards shall be grounds for denial or revocation
of a permit.
(2)
Standards.
(a)
Enclosures must be provided which shall allow adequate protection
against the weather extremes. Floors of buildings, runs and walls
shall be of an impervious material to permit proper cleaning and disinfecting.
(b)
Building temperature shall be maintained at a comfortable level
for the animals kept therein. Adequate ventilation shall be maintained
to promote health and odor control.
(c)
Each animal shall have sufficient space to stand up, lie down
and turn around without touching the sides or top of the cage or enclosures.
(d)
Cages are to be of material and construction that permits cleaning
and sanitizing (stainless steel or fiberglass preferred).
(e)
Concrete floors of the cages or enclosures, unless radiantly
heated, shall have a resting board or bedding of some type to allow
the animal a resting place that is off the concrete.
(f)
Runs shall provide an adequate exercise area and protection
from the weather. Runs and side walls to a height of four feet shall
have an impervious surface to allow for cleaning, disinfecting and
odor control.
(g)
All animals must be quartered and all animal quarters and runs
are to be kept clean, dry and in a sanitary condition.
(h)
The food shall be free from contamination, wholesome, palatable
and of sufficient quantity and nutritive value to meet the normal
daily requirements for the condition and size of animal.
(i)
Every animal shall have potable water available at all times.
Water vessels shall be mounted or secured in a manner that prevents
tipping and be removable for cleaning.
(j)
Every dog or cat five months or older owned or kept in the City
shall be vaccinated against rabies. Young dogs and cats shall be vaccinated
within 30 days after they have reached the age of five months. Unvaccinated
dogs and cats acquired or moved in the City must be vaccinated within
30 days after arrival, unless under five months of age. Every dog
and cat shall be revaccinated according to the recommendations of
the vaccine used by the veterinarian administering such vaccinations.
The certificate of vaccination shall bear the expected duration of
the immunity of the vaccine used.
(3)
No dog or cat shall be accepted for boarding, grooming or training unless it meets the requirements in Subsection D(2).
(4)
Any animal that appears to be ill shall be promptly examined by a
veterinarian of the owner's choice, if known, or by the veterinarian
employed by the licensee and a record kept of the examination and
treatment.
(5)
If an animal dies while being boarded or while in training, the body
shall be handled in one of the following ways:
(a)
Preserved by refrigeration or freezing until examined or returned
to the owner. The body is to be held for at least one week after the
time the owners are scheduled to return, after which the body may
be disposed of in compliance with this chapter.
(b)
Submitted to a licensed veterinarian and a necropsy performed
at kennel operator's expense, unless prior agreement for payment of
such services by the owner. A copy of the necropsy report is to be
given to the owner.
(6)
Animals shall not be group housed at any time, unless they are owned
by the same person and are compatible.
(7)
If the owner of an animal does not appear or contact the kennel or
cattery operator within seven days of the stated return time, the
operator has the right to dispose of the animal.
E.
Animal training school permit. Each permit holder shall comply with
the following regulations, in addition to the standards for kennels
listed in this chapter:
(1)
Records shall be maintained for a period of 12 months after the training
is completed. The record shall state the owner's name, address and
telephone number, expected duration of the stay, service to be provided
and owner's agent for emergency contacts.
(2)
Nonprofit organizations as defined by the Wisconsin Statutes operating
animal training schools shall be exempt from the permit fee but shall
be issued a permit and shall comply with all the appropriate requirements
of this chapter.
A.
No person shall harbor or keep any dog or any other animal which
would be a public nuisance as defined in this chapter.
B.
No owner, caretaker or custodian shall fail to maintain in a clean
and sanitary condition, free from objectionable odor, all structures,
pens, yards and areas adjacent to where any dog or animal is kept.[1]
D.
No person shall tie, stake or fasten any dog within any street, alley,
sidewalk or other public place within the City or in such a manner
that the animal has access to any portion of any street, alley, sidewalk
or other public place.
E.
Every female dog or cat in heat shall be confined in a building or
secure enclosure in such a manner that the female dog or cat cannot
come into contact with another animal, except for planned breeding.
F.
No owner shall fail to exercise proper care and control of his animals
to prevent them from becoming a public nuisance. Molesting passersby,
chasing vehicles, habitually attacking other domestic animals, trespassing
upon school grounds, parks and cemeteries or trespassing upon private
property in such manner as to damage property shall be deemed a nuisance.
G.
No person shall keep or permit to be kept on his premises any wild
or vicious animal for display or for exhibition purposes, whether
gratuitously or for a fee. This subsection shall not be construed
so as to apply to a zoo, theatrical exhibit or circus.
A.
DANGEROUS DOG
OWNER
UNCONFINED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any dog with a known propensity, tendency or disposition
to attack unprovoked, to cause injury to, or to otherwise endanger
the safety of humans or other domestic animals, or any dog which attacks
a human being or other domestic animal without provocation.
Any person or legal entity having a possessory property right
in a dog or who or which harbors, cares for, exercises control over,
or knowingly permits any animal to remain on premises occupied by
him or it.
A dangerous dog is unconfined if the dog is not securely
confined indoors or confined in a securely enclosed and locked pen
or structure upon the premises of the owner of the dog. Such pen or
structure must have secure sides and a secure top. If the pen or structure
has no bottom secured to the sides, the sides must be embedded into
the ground no less than one foot.
B.
Unconfined dangerous dog on premises of owner. The owner of a dangerous
dog shall not suffer or permit the dog to go unconfined.
C.
Dangerous dog off premises. The owner of a dangerous dog shall not
suffer or permit the dog to go beyond the premises of the person unless
the dog is muzzled by a device sufficient to prevent the dog from
biting persons or other animals and restrained with a chain having
a minimum tensile strength of 300 pounds and not exceeding four feet
in length.
D.
Applicability to adult dogs only. The provisions of this section
shall apply to adult dogs only, which shall mean any dog over the
age of six months.
E.
No person shall own or harbor any dog for the purpose of dog fighting
or train, torment, badger, bait or use any dog for the purposes of
causing or encouraging the dog to unprovoked attacks upon human beings
or domestic animals.
F.
Penalties.
(1)
Any dangerous dog which attacks a human being or another domestic
animal may be ordered destroyed when, in the court's judgment, such
dangerous dog represents a continuing threat of serious harm to human
beings or other domestic animals.
(2)
In addition to a penalty as provided in § 1-4 of this Code, the owner of a dangerous dog shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.[1]
A.
The owner of any dog, cat or other animal which has bitten any person
shall, upon demand of the Animal Control Officer or Police Department,
produce and surrender up such dog, cat or other animal to the department
to be held in quarantine for a minimum of 10 days. During quarantine
the animal shall be securely confined and kept from contact with any
other animal.[1]
(1)
An animal which does not have a current antirabies vaccination must
be quarantined at the animal shelter or at a veterinary hospital of
the owner's choice for a period of 10 days. Charges for boarding of
the animal during the quarantine period shall be assumed by the owner
of the animal.
(2)
An animal which has a current antirabies vaccination may, at the
discretion of the Animal Control Officer or Police Department, be
held in quarantine on the premises of the owner for a period of 10
days. Failure of the owner to obey all conditions and directions of
the Animal Control Officer or Police Department pertaining to the
quarantine period shall result in the immediate impoundment of the
animal in a veterinary hospital for the remainder of the quarantine
period. Charges for boarding the animal shall be paid by the owner
prior to the animal's release.
B.
An animal which unprovoked bites two persons within a twelve-month
period shall by this action be deemed as being of a vicious disposition.
C.
The owner of any dog, cat or other animal which has contracted rabies,
has been subjected to same or is suspected of having rabies shall
immediately notify the Animal Control Officer or Police Department
of the City. The owner shall produce and surrender up the animal to
the department, to be held in quarantine at a veterinary hospital
for a period needed by the veterinarian to determine if it is rabid
or not. The owner shall assume the charge for boarding the animal
during the quarantine period.
D.
No person shall knowingly harbor or keep any animal infected with
rabies or known to have been bitten by a rabid animal or fail to report
to the Animal Control Officer or Police Department the existence of
an animal which they know to be infected.
E.
No person shall fail to produce and surrender up any animal pursuant
to this section.
F.
No person, other than the Animal Control Officer or a police officer,
shall kill or cause to be killed any animal suspected of being rabid.
The animal suspected of being rabid shall be placed in quarantine
and the diagnosis of rabies made by a licensed veterinarian. If a
veterinarian does diagnose rabies in an animal in quarantine, then
the animal shall be humanely euthanized and the head of such animal
sent to a laboratory for pathological examination and confirmation
of the diagnosis.
No household shall harbor or keep in its possession more than
two licensable pets over the age of three months within any residential
area of the City, excepting the person who holds a valid multiple
pet owner's permit.
The City Clerk may revoke any permit or license if the person
holding the permit or license refuses or fails to comply with this
chapter or any state or local laws governing cruelty to animals or
the keeping of animals. Any person whose permit or license is revoked
shall, within 10 days, humanely dispose of all animals being owned,
kept or harbored by such person and no part of the permit or license
fee shall be refunded. It shall be a condition of issuance of any
permit to any owner of animals that the Animal Control Officer be
permitted to inspect all animals and the premises where the animals
are kept at any time. The City Clerk shall, if permission for inspection
is refused, revoke the permit of the refusing owner.
A.
Unrestrained animals, including dogs and cats, may be taken by the
police, the animal control personnel or the Animal Control Officer
and impounded in an animal shelter and there confined in a humane
manner. Impounded animals shall be kept for not less than seven days,
unless reclaimed by their owners. If by a license tag or other means
the owner can be identified, the shelter manager shall, within 48
hours, Sundays and holidays excepted, notify the owner by telephone
or mail of the impoundment of the animal.
B.
Animals not claimed by their owners within the seven days shall be
deemed as being surrendered to the animal shelter and may be disposed
of by the animal shelter in the manner as provided for by the City
and the original owner shall have no further claim against the animal.
C.
Animals not claimed by their owners after the seven days shall be
made available for adoption to suitable new homes. Those dogs and
cats not placed in suitable new homes after a reasonable length of
time or those animals deemed unsuitable for adoption shall be humanely
euthanized by the agency delegated by the City to exercise that authority.
D.
The owner of any animals which have been impounded as a result of
being at large or stray shall pay a reclaiming fee in order to regain
possession of his animal. This fee shall be set by the City Manager,
with the approval of the Council, and shall cover all costs involved
in the pickup and impounding of the animal. The owner may also be
proceeded against, at the discretion of the Animal Control Officer,
for violation of this chapter and his license or permit may be revoked.
No person owning, keeping, possessing or harboring an animal
as a pet shall allow the animal to soil, defile, defecate on or commit
any nuisance on any private or public property. The person responsible
for the animal must immediately remove and dispose of all feces so
deposited in a sanitary manner. This section shall not apply to a
blind person having control of a guide dog.
[Amended 4-24-2014 by Ord. No. 3544]
No person shall injure, destroy or attempt to injure or destroy
any kind of wild birds or squirrels within the City limits, with the
exception of controlled programs under the direction of the Animal
Control Officer or Police Department initiated to eliminate a public
nuisance as defined under this chapter.
No person shall offer as a prize or give away any bird or animal
in any contest, raffle, lottery or as an enticement to enter any place
of business or exploit any animal or bird for the purpose of fund-raising.
[Amended 5-13-2015 by Ord. No. 3581; 10-28-2015 by Ord. No. 3591]
The species named in this section are by their nature or actions
considered to be a public nuisance and are hereby declared to be a
nuisance with the City and may not be kept by any person within the
City limits: including all cattle, horses, mules and donkeys, sheep,
goats and swine, and also all mink, foxes, skunks, raccoons, ducks
and geese.
No person living outside the City limits who is the owner of,
in possession of or charged with having the care of any cattle, horses,
mules, donkeys, sheep, goats, swine or fowl shall allow or permit
the same to enter the City or to run at large within the City limits.
All dogs and cats shall be kept under restraint. No person shall
permit his dog or cat to run at large in the City. Each owner of any
such animal shall confine the same within the limits of his premises.
For the purposes of this chapter, the phrase "running at large" embraces
all other places within the City except the owner's premises. This
includes all streets, alleys, sidewalks or other private property
which may be about the owner's premises.
Any person owning or having charge, custody, care or control
of any dog or cat shall keep the animal exclusively upon his own premises,
which shall include his automobile, either by personal and direct
supervision, such as voice command of such person physically present,
or by keeping the animal upon an appropriate chain or tie no less
then six feet in length, or in an enclosed yard, either walled or
fenced, or in any other appropriate restraining enclosure. However,
public access to one entrance of the owner's house must be provided,
without interference from the animal. Also, the dog or cat may be
off the premises if it is restrained by an appropriate leash or chain
not exceeding six feet in length, and in the hands of the person directly
controlling the movement of the animal and provided that the leash
or chain is in the hands of a person of sufficient strength to physically
control the animal.
Any person owning, harboring, keeping, possessing or in charge
of any animals and housing or confining them in pens or enclosures
shall regularly and as necessary clean and disinfect the pen or enclosure
to maintain clean, sanitary and odor-free conditions at all times.
No animal feces shall be permitted to remain exposed upon any private
or public property.[2]
Any person who, while operating a motor vehicle, strikes or
causes injury to cats, dogs, horses, cattle or other domestic animals
shall stop at once, ascertain the extent of the injury and as soon
as possible notify the animal's owner or an appropriate law enforcement
officer of such striking or injury and the location of the animal.
[Amended 5-22-1996 by Ord. No. 2837]
A.
No person shall confine and allow his animal to remain outside during
adverse weather conditions constituting a health hazard to said animals;
such act shall be deemed cruelty to animal and such animals may be
impounded by the Animal Control Officer or a police officer.
B.
No owner shall fail to provide his animals with sufficient good and
wholesome food and potable water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering, and
with humane care and treatment.
C.
No person shall beat, cruelly treat, torment, overload, overwork
or otherwise abuse any animals.
D.
No person shall cause or permit any dog fight, cockfight, bullfight
or other combat between animals or between animals and humans.
E.
No owner of an animal shall abandon such animal.
[Added 5-13-2015 by Ord.
No. 3581]
A.
APIARY
COLONY
HIVE
HONEYBEE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A place where honey bee colonies are kept.
A hive and its equipment and appurtenances, including honeybees,
comb, honey pollen and brood.
A structure intended for the housing of a honey bee colony.
Any live state of the common domestic honeybee, Apis mellifera
species.
B.
No person shall keep honeybees, or establish or maintain any hive,
upon any premises within the City limits without a valid permit approved
by the City Clerk or his/her designee.
C.
Permit.
(1)
A permit shall be issued only to the primary owner(s) of record of
a single-family residence located in a residential zoning district.
The property owner/permittee shall reside on the premises regulated
by the permit. The propagation of honeybees for commercial purposes,
and/or any other activities and/or nonresidential uses including the
sale of honey, is not permitted.
(a)
Where the property owner/permittee is the owner of an adjacent
lot of record that is a separate undeveloped lot, the property owner/permittee
may site allowable hives on the undeveloped lot instead of the principal
residential lot, provided that:
[Added 5-27-2020 by Ord.
No. 3709]
[1]
The hive siting requirements of § 720-11 of the Code shall be measured from the side and/or rear lot lines of the principal residential lot.
[2]
Use of the undeveloped lot shall be limited to the placement
of hives only. Use of the undeveloped lot for the siting of storage
sheds and any other accessory building or use shall be prohibited.
[3]
Access to the hives must be maintained and taken from the principal
residential lot. Separate and/or secondary access is not permitted.
[4]
Hives shall be removed upon the sale of the principal residential
lot and/or the sale of the undeveloped lot.
(2)
The permit application shall include a diagram describing the location of the hive, stand or box in relationship to lot boundaries, the barrier and water supply, as required by this section and § 720-11, of the Code. The City Clerk or his or her designee may review the plan with staff before issuing the permit.
(3)
The applicant shall mail the permit application to all adjacent property
owners with instructions on how to contact the City Clerk to object.
Any adjacent owner/occupant may object if he or she believes a bee
hive would be detrimental to his or her health. Any adjacent owner/occupant
may present a medically documented allergy to the City Clerk and request
that the permit be denied.
(4)
All permits shall be issued for a term of one year, commencing with
the first day of January of each year and terminating as of 12:00
midnight on the last day of the permit period. Application for permits
may be made from January 1 through March 31 of each year without a
late fee. A permit that is not renewed shall be considered expired.
(5)
The permit information shall be attached to one of the hives, which
shall include a name, a permit number and an emergency contact telephone
number.
(6)
Permit, late fee and renewal fees shall be paid in accordance with
the fee schedule set by resolution of the City Council.
(7)
A permit shall expire at such time as the permittee no longer maintains
hives at the permitted address.
(8)
Revocation. A permit may be revoked by the City Clerk or his/her
designee at the request of the Chief Building Inspector, Fire Inspector,
Fire Chief, Police Chief, or any of their designees for any of the
following reasons:
(a)
Failure to comply with any of the provisions of this section
of the Code.
(b)
Where the keeping of honeybees is determined to create a nuisance as defined by Chapter 476 of the Code.
(c)
Where it is determined that the keeping of honeybees is detrimental
to the life or health of an adjacent property owner. A written doctor's
report of an allergy is proof that it would be detrimental.
(d)
Failing to notify an adjacent property owner(s) about the requested
permit.
(e)
Once revoked, a permit shall not be reissued for a two-year
period.
(9)
Any applicant whose permit application has been denied or revoked
under the provisions of this section shall have the right to appeal
said denial.
(10)
Any permit holder who has his or her permit revoked must within
96 hours have the honeybees and hive(s) properly removed from such
property.
D.
Standards.
(1)
No more than two hives are permitted on a lot. The total volume of
the hives shall not exceed 20 cubic feet.
(2)
A constant supply of water shall be provided on-site within three
feet of a hive. Watering facilities may not promote stagnant water.
The use of a swimming pool and/or spa, bird bath, decorative pond,
stormwater pond or similar facility for a watering facility shall
be prohibited.
E.
Education. The permit applicant will complete beekeeping education/training
from a local technical college, university, other appropriate organization
or online training. Proof of education/training shall be provided
with the permit application.
[Amended 1-25-2017 by Ord. No. 3628]
F.
Schools. Nothing in this section shall be deemed or construed to
prohibit the keeping of honeybees in a hive, stand or box located
within the premises of a public or private school or university for
the purpose of study or observation.
[Added 10-28-2015 by Ord.
No. 3591[1]]
A.
CHICKEN
CHICKEN TRACTOR
HENHOUSE/COOP
ROOSTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A female hen or pullet.
A movable chicken coop lacking a floor.
A structure where chickens are kept.
A male domestic fowl older than three months.
B.
No person shall keep chickens or establish or maintain any henhouse
upon any premises within the City limits without a valid permit approved
by the City Clerk or his/her designee.
C.
Permit.
(1)
A permit shall be issued only to the primary owner(s) of record of
a single-family residence located in a residential district. The property
owner/permittee shall reside on the premises regulated by the permit.
The propagation of chickens for commercial purposes or for any activity
or purpose not related to the personal purpose of the permit holder,
including fertilizer production and/or the sale of eggs, shall be
prohibited.
(2)
The permit application shall include proof of registration with the
Wisconsin Department of Agriculture, Trade and Consumer Protection
pursuant to § 95.51, Wis. Stats.
(3)
The permit application shall include a diagram describing the location of the henhouse in relationship to lot boundaries as required by § 720-11 of the Code. The City Clerk or his/her designee shall review the plan with staff before issuing the permit.
(4)
Where a property is a City-designated historic site, the Historic
Preservation Commission shall review the plan for a henhouse prior
to the issuance of a building permit.
(5)
All permits shall be issued for a term of one year, commencing with
the first day of January of each year and terminating as of 12:00
midnight on the last day of the permit period. Application for permits
may be made from January 1 through March 31 of each year without a
late fee. A permit that is not renewed shall be considered expired.
(6)
The permit information shall be attached to the henhouse, which shall
include a name, permit number and an emergency contact telephone number.
(7)
Permit, late fee and renewal fees shall be paid in accordance with
the fee schedule set by resolution of the City Council.
(8)
A permit shall expire at such time as the permittee no longer maintains
chickens at the permitted address.
(9)
Revocation. A permit may be revoked by the City Clerk or his/her
designee at the request of the Chief Building Inspector, Fire Inspector,
Fire Chief, Police Chief, or any of their designees for the following
reasons:
(a)
Failure to comply with any of the provisions of this section
of the Code.
(b)
Where the keeping of chickens is determined to create a nuisance as defined by Chapter 476 of the Code.
(c)
Where it is determined that the keeping of chickens is detrimental
to the life or health of an adjacent property owner. A written physician's
report of a medical condition is proof that it would be detrimental.
(d)
Once revoked, a permit shall not be reissued for a two-year
period.
(10)
Any applicant whose permit application has been denied or revoked
under the provisions of this Ordinance shall have the right to appeal
said denial.
(11)
Any permit holder who has his/her permit revoked must within
96 hours properly remove the chickens and henhouse from such property.
D.
Standards.
(1)
A total of four hens and/or pullets per lot shall be permitted; roosters
shall be prohibited.
(2)
The slaughter of chickens shall be prohibited.
(3)
Chickens shall be housed within a detached stationary structure used
exclusively to keep hens. One henhouse shall be permitted per lot,
provided that the property does not include an accessory building
such as a storage shed, gazebo, or similar building. Temporary and/or
movable devices and structures, including chicken tractors, shall
be prohibited.
(4)
A henhouse shall be an enclosed, predator-proof and rodent-resistant, insulated structure that is adequately ventilated and sufficient in size to allow free movement of the fowl, and conform to Building Code requirements and the requirements of § 720-11 of the Code. An outdoor covered run may be permitted when attached to and made part of a henhouse.
(5)
Chickens shall be secured within a henhouse during non-daylight hours.
(6)
Chickens may not roam free outside of a henhouse or enclosed run,
or roam off of the permitted property. No dog or cat or other domesticated
animal that kills a chicken off of the permitted property will, for
that reason alone, be considered a dangerous or aggressive animal.
[Amended 5-22-1996 by Ord. No. 2837; 4-24-2014 by Ord. No. 3544]
Except where another penalty is prescribed by this chapter or by state law, any person convicted of violating any provision of this chapter shall be punished by forfeiture in accordance with § 1-4 of this Code. Each day of violation shall be deemed a separate violation. Any person found guilty of violating a section of this chapter pertaining to humane treatment of animals may have any permit or license to own, keep, harbor or have custody of animals revoked by the court and be prohibited from being issued any new permit or license for a period of one year.
[Added 4-12-2023 by Ord. No. 3771]
The City Council may appoint one or more humane officer(s) pursuant
to § 173.03. Wis. Stats., and as subsequently amended.
A.
All humane officers shall be certified within one year of appointment
as required by § 173.05, Wis. Stats., and ATCP 15.02, Wis.
Admin. Code.
B.
All humane officers shall have the powers and duties defined in §§ 173.07(1)
through (3), Wis. Stats, and at all times perform in conformance with
§§ 173.09 through 173.27, Wis. Stats.
C.
No humane officer shall issue citations under § 173.07(4),
Wis. Stats., but may request prosecution pursuant to § 173.07(4m),
Wis. Stats.
D.
As required by § 173.03(2), Wis. Stats., the Chief of Police
and Chief Inspector are designated to modify or withdraw abatement
orders issued under § 173.11, Wis. Stats., by humane officers
appointed under this section, and to conduct abatement hearings pursuant
to § 173.11, Wis. Stats.
