As used in this chapter, the following terms shall have the
meanings indicated:
ALTERED MALE
Any male animal that has been operated on to prevent it from
procreating.
ANIMAL
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]
ANIMAL SHELTER
We adopt, by this reference, the two definitions set out
in § 173.40(c), Wis. Stats.
[Amended 2-28-2024 by Ord. No. 3782B]
AUCTION
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.
CATTERY
Any person, group of persons or corporation engaged in the
keeping of cats or the business of breeding, buying, selling or boarding
cats.
CIRCUS
A commercial variety show featuring animal acts for public
entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding school or stable,
zoological park, circus, performing animal exhibition or kennel.
CONFINED
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.
DISINFECTANT
An agent, usually a chemical, that kills growing forms but
not necessarily resistant spore forms of the disease-producing microorganisms.
GROOMING SHOP
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
HAS BEEN BITTEN
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.
KENNEL
An establishment wherein any person is engaged in the business
of boarding, breeding, buying, letting for hire, training for a fee
or selling dogs.
LEASH
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.
OWNER
Every person having a right of property in an animal and/or
having such animal in his or her care and possession.
[Amended 2-28-2024 by Ord. No. 3782B]
PET
Any animal kept for pleasure rather than utility.
PET SHOP
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.
PUBLIC NUISANCE
Any animal which:
A.
Molests passersby or passing vehicles.
C.
Trespasses on school grounds.
E.
Damages private or public property.
F.
Barks, whines, howls or makes other sounds common to its species
in an excessive, continuous or untimely fashion.
RABIES VACCINATION CERTIFICATE
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.
RESTRAINT
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.
RIDING SCHOOL OR STABLE
Any place which has available for hire, boarding or riding
instruction any horse, pony, donkey, mule or burro.
SPAYED FEMALE
Any female animal which has been operated upon to prevent
conception.
VACCINATION AGAINST RABIES
The vaccination of a dog or cat with a rabies vaccine licensed
by the United States Department of Agriculture.
VETERINARY HOSPITAL
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.
VICIOUS ANIMAL
Any animal that constitutes a physical threat to human beings
or other animals.
WILD ANIMAL
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.
ZOOLOGICAL PARK
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.
[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.
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.
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.
[Amended 2-28-2024 by Ord. No. 3782B]
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.
[Amended 2-28-2024 by Ord. No. 3782B]
Any person owning or having charge, custody, care or control
of any dog 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
than 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 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.
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.
F. No theatrical exhibit or act shall be held in which animals are forced
or encouraged to perform through the use of chemicals or electrical
or mechanical devices.
[Added 5-13-2015 by Ord.
No. 3581]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
APIARY
A place where honey bee colonies are kept.
COLONY
A hive and its equipment and appurtenances, including honeybees,
comb, honey pollen and brood.
HIVE
A structure intended for the housing of a honey bee colony.
HONEYBEE
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]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ROOSTER
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.