Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 326.
Parks and recreation — See Ch. 335.
[Adopted 7-19-1972 (§§ 11.02 and 11.07 of the 1998 Code); amended 11-17-1982]
No person shall cruelly treat, inhumanely beat, underfeed, overload or abandon any animal in the Village. No person shall cause or allow any place where any animal is or may be kept to become unclean or unwholesome.
No person shall any of the following to run at large within the Village:
A. 
Any dangerous, vicious or wild in nature animal, bird or reptile.
B. 
Any animal, bird or reptile inflicted with a contagious or infectious disease.
C. 
Any dog or cat.
Members of the County Sheriff's Office or any peace officer in the Village is authorized to kill any animal, bird or reptile when it is necessary to protect persons or property from physical damage or to prevent the communication and spread of infection or disease.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall harbor or keep any animal, bird or reptile which disturbs the peace by loud or unusual noises at any time of the day or night.[1]
[1]
Editor's Note: Original § 11.02(5), Dogs licensed, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person owning or in possession of any dog, cat or similar pet shall permit such animal to enter or remain within the area of any park, parkway, or other land owned or under lease to the Village for recreational purposes or upon any unpaved portion lying within the boundaries of any public street except for the purpose of travel and except as provided in § 335-6 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-8-1998; 5-14-2008; 4-13-2011]
A. 
No more than two dogs may be kept or harbored on any lot zoned residential within the Village.
B. 
Exceptions.
(1) 
A litter of pups, or a portion of a litter, may be kept for a period of time not exceeding five months from birth.
(2) 
When more than one dwelling unit is legally located on a lot, the maximum number of dogs that may be kept shall apply separately to each occupied dwelling unit. For purposes of this section, "dwelling unit" means any building or a portion of a building designed exclusively for residential occupancy with individual sleeping, toilet and cooking facilities.
C. 
A permit to keep more than two dogs on a lot may be granted by the animal control/humane office if the following criteria are met:
(1) 
The owner shall demonstrate to the Village that all the dogs have valid licenses.
(2) 
The owner shall demonstrate that all dogs have been property vaccinated.
(3) 
The owner shall provide:
(a) 
Information on the breed and approximate age of the dogs.
(b) 
Information as to where the dogs will be housed (i.e., inside, backyard, etc.).
(c) 
Letters from all adjacent residences indicating that there have not been problems with dogs at the requesting residence (i.e., excessive barking, dogs running loose, property damage, etc.).
(d) 
A valid reason why he is requesting an additional dog(s) (i.e., taking in the animal due to a death in the family, operating a business involving animals, etc.).
(e) 
Any change in the animals listed on the permit.
D. 
No person, except a kennel licensee or multiple dog permit holder, shall own, harbor or keep more than two dogs that are more than five months of age except in a place where animals are impounded or restrained, as specified in this article. If a total of more than two dogs are owned, harbored or kept in or by any one household, the head of the household shall be deemed the person so owning, harboring or keeping such dogs, notwithstanding that the dog license may be issued to other members of the household as owners of such animals. All kennels/multiple dog owners will adhere to the standards outlined under 2009 Wisconsin Act 90, Section 3, § 173.41(3) to (14), Wis. Stats.
A. 
No person shall permit any pet of which he is the owner or custodian to be at large within the Village. Any pet shall be deemed to be at large when it is off the premises owned or leased by its owner unless crated, penned or under the control of a person able to control the pet by means of a leash of sufficient strength to control the action of the pet, or such other personal attention as will reasonably control the conduct of the pet.
B. 
Unattended dogs shall include those dogs which are crated, penned or leashed but which are without personal supervision or control sufficient to properly restrain the dog.
Where kennels are permitted, no kennel shall be located closer than 100 feet to the boundary of the nearest adjacent residential lot. To operate a kennel prior approval must be obtained from the Village Board or designee. After approval has been granted, a kennel license must be obtained and paid for at the Village office.
Whereas animals, birds and reptiles may have propensities to or may otherwise cause noise or odor or perform actions which may disturb persons in the reasonable use and enjoyment or property, or cause annoyance, discomfort or injury to the health or welfare of persons, the keeping of any animal, bird or reptile in conflict with any provision of this article is declared to be a public nuisance, and such animal, bird or reptile may be impounded as provided by law, except in agriculture areas, operating or tillable occupational farms.
[Amended 4-8-1998]
Any incident occurring in the Village where any animal bites a person, or is suspected of biting a person, shall be immediately reported to the Village or to the Sheriff's Office by any person having knowledge of such incident and the following procedure shall be followed:
A. 
Any animal which bites a person in the Village, if it can be found, or any animal which is customarily kept within the Village and which bites a person, shall be quarantined for a period of 14 days from the day of the bite for the purpose of observation for the possibility of rabies. Such quarantine shall be effected as directed by the Village's designated animal control agent and may be confinement of the animal:
(1) 
To a structure or enclosure which is adequate to restrain the animal on the premises of the owner or his agent.
(2) 
With a licensed veterinarian.
(3) 
At a boarding facility approved by the Village. Cost of boarding shall be at owner's expense.
B. 
No animal which is known or suspected to have bitten a person shall be destroyed until after the fourteen-day quarantine period has elapsed, unless it cannot be apprehended safely, in which case the destruction shall be accomplished without damage to the head of the animal, if at all possible. The animal control agent shall be immediately notified of such destruction of the animal, and the dead animal shall not be disposed of until such specimens as the animal control agent shall direct have been obtained and permission is given by him to dispose of the dead animal.
C. 
In case an animal which has been quarantined in accordance with this section dies for any reason during the quarantine period, the person having custody of the animal shall immediately notify the animal control agent as required in Subsection B above.
[Amended 2-22-2017 by Ord. No. O-2017-01]
A. 
Beekeeping. The keeping or raising of honeybees (Apis mellifera) is allowed within all areas of the Village. A permit with a site plan identifying proposed location of the hives, setbacks from property lines, and existing landscaping and structures is required to be submitted and approved by the Community Development Director or his/her designee. The hives shall generally be centrally located on the lot and not in front of the home. The Zoning Administrator shall have the authority to relax this requirement on larger lots. The hives shall have a visual barrier, not entirely concealing the hive but providing a softening appearance. The maximum number of hives permitted on any parcel shall be limited to two. It is recommended that the hive owner join the Brown County Beekeepers Association for education and guidance purposes.
B. 
Permit required. A permit shall be required to be submitted annually for anyone keeping or raising honeybees within the Village.
C. 
Fee. A fee listed in the Village Fee Schedule[1] shall be submitted along with the permit annually.
[1]
Editor's Note: Said schedule is on file in the Village offices.
[Amended 4-8-1998; 7-9-2014 by Ord. No. O-2014-12; 10-28-2015 by Ord. No. O-2015-09]
A. 
The keeping or raising of ponies, horses, rabbits and other similar animals as may be determined by the Village Board is hereby declared to be a public nuisance and is prohibited on any parcel of land within the Village unless upon property zoned A-1 Exclusive Agricultural, A-2 Agriculture Transition, AG-FP Farmland Preservation or RR Rural Residential. Exceptions may be granted by the Village Board. The keeping of chickens in R-1 Single-Family Residential and R-2 Two-Family Residential Zones shall be permitted with issuance of an annual permit and subject to the regulations adopted by the Village of Bellevue.
B. 
The keeping or raising of any animal, fowl, reptile, mammal or bird which affects or disturbs the public health, public peace, public safety or public decency is a public nuisance and is prohibited within the Village. No action shall be taken under this subsection unless and until the Village investigates and it has ascertained that the raising or keeping of a particular animal, fowl, reptile, mammal or bird within the Village reasonably constitutes a condition which is detrimental to public health, safety or welfare. For purposes of enforcing this subsection, any member of the Village Board or the Village Administrator may enter any premises for the purpose of inspection. Any person who violates any provision of this subsection shall be notified by the Village Board of the determination that a public nuisance exists on his premises. Each day that such public nuisance continues after notification by the Board shall be considered a separate violation of this subsection.
C. 
In addition to all other regulations in this chapter, the following shall apply to keeping of chickens within the Village.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHICKEN
A domestic chicken of the subspecies Gallus gallus domesticus.
CHICKEN RUN
A fenced cage attached to a coop not exceeding 40 square feet in area.
COOP
A new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the minimum requirements of this section.
KEEP
Either owning, keeping, possessing or harboring of a chicken(s).
ROOSTER
A male chicken of any age, including a capon or otherwise neutered male chicken.
(2) 
Permit required.
(a) 
Any person who keeps chickens on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Village Clerk-Treasurer. The permit is valid January 1 through December 31, and the fee shall be as established by resolution of the Village Board.
(b) 
Permit applications submitted by a person other than a record title owner of the property upon which chickens will be kept shall provide written consent of the property owner with the permit application.
(3) 
Keeping of chickens allowed.
(a) 
Up to a maximum of four chickens at any one time are allowed on a parcel with a permit regardless of age.
(b) 
A maximum of one permit per R-1 Single-Family Residential or R-2 Two-Family Residential zoned parcel is allowed.
(c) 
No person shall keep any rooster.
(d) 
No person other than at a licensed meat processing facility may slaughter any chickens within the Village.
(e) 
Chickens shall be provided with fresh water at all times and adequate amounts of food.
(f) 
Chickens shall be provided with a sanitary and adequately sized coop and shall be kept in the coop or a sanitary and adequately sized chicken run attached thereto at all times. Chickens shall not be allowed to free range, even if kept in a fully fenced backyard.
(g) 
All permanent (nonmobile) coops shall comply with all building and zoning requirements of this Code.
(h) 
Coops shall be constructed in a workmanlike manner, be moisture-resistant and either be raised off of the ground or placed on a hard surface such as concrete or brick.
(i) 
Coops with or without an attached chicken run shall be constructed and maintained to reasonably prevent the collection of standing water and shall be cleaned of hen droppings, uneaten feed, feathers and other waste daily, and it is necessary to ensure the coop and yard do not become a health, odor or other nuisance. All feed containers shall be ratproof.
(j) 
Coops shall be large enough to provide a minimum of four square feet of area per chicken permitted.
(k) 
No chicken coop shall be located closer than 25 feet to any principal residential structure on an adjacent lot or within any required rear setback.
(l) 
No chicken coop shall be located in a front or side yard of a parcel, whether outside the setback or not.
(m) 
No chickens over eight weeks of age may be kept in a primary residential structure.
(n) 
In addition to compliance with the requirements of this section, no one shall keep chickens that cause any other nuisance associated with unhealthy conditions, create a public threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.
(4) 
Public health requirements.
(a) 
Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or humans.
(b) 
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Animal Control Officer.
(c) 
The Animal Control Officer may order the testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens believed to be carriers of a communicable disease. The owner of the chicken shall be responsible for all costs associated with the procedures ordered hereunder.
(5) 
Permit revocation. A permit is subject to revocation by the Animal Control Officer upon failure to comply with any provisions of Subsection C(3). Such revocation is subject to appeal to the Village Board. Once a permit is revoked, a permit shall not be reissued.
(6) 
Sale of eggs and baby chicks prohibited. No person may offer to sell eggs or chicks accumulated from the activities permitted hereunder.
(7) 
Nonrenewal. Any violation of this section may be cause for nonrenewal of a permit.
[Added 5-27-2009]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CIRCUS
A scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principal business.
EXOTIC ANIMAL
Any animal that is not normally domesticated in the United States or is wild by nature.
PERSON
An individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
POSSESS
To own, control, restrain, transport or keep.
PUBLIC ZOO OR AQUARIUM
A zoo or aquarium that is operated by the state or Village or that is an accredited member of the American Zoo and Aquarium Association.
VETERINARIAN
A person who is licensed in this state to practice veterinary medicine under Ch. 453, Wis. Stats., and who is certified under rules promulgated by the Department of Agriculture, Trade and Consumer Protection.
WILD ANIMAL
Any of the following animals, whether bred in the wild or in captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified.
(1) 
Nonhuman primates and prosimians (chimpanzees, monkeys);
(2) 
Felids, except domesticated cats;
(3) 
Canids (wolf, coyotes, foxes) except domesticated dogs;
(4) 
Prairie dogs;
(5) 
Elephants;
(6) 
Cocodilians (alligators, crocodiles);
(7) 
Marsupials (kangaroos, opossums);
(8) 
Ungulates (hippopotamus, rhinoceros);
(9) 
Hyenas;
(10) 
Mustelids (skunks, otters, badgers) except ferrets;
(11) 
Procyonids (raccoons, coatis);
(12) 
Dasypodidae (anteaters, sloth, armadillos);
(13) 
Viverrids (mongooses, civets, genets);
(14) 
Class Reptilia.
(a) 
Order Squamata
[1] 
Family helodermatidae (gila monsters and Mexican bearded lizards).
[2] 
Family varanidae (any monitor which will normally grow over two feet in length).
[3] 
Family iguanaidae (only green iguanas and rock iguanas).
[4] 
Family boidae (boa constrictors, pythons).
[5] 
Family colubridae (boonslangs and African twig snakes).
[6] 
Family elapidae (coral snakes, cobras, mambas).
[7] 
Family nactricidae: only keelback snakes.
[8] 
Family viperidae (copperheads, cottonmouths, rattlesnakes).
(15) 
Venomous reptilia.
B. 
Intent and purpose. The Village Board of the Village of Bellevue hereby finds that wild animals are inherently dangerous and do not adjust to captive environment. It is the intent of the Village Board to protect the public against health and safety risks that wild animals pose and hereby prohibit the possession of wild animals within the Village of Bellevue.
C. 
It shall be unlawful for any person to possess, sell or purchase an exotic or wild animal.
D. 
Exceptions. The following persons or entities may possess exotic or wild animals:
(1) 
A person licensed by the state under Ch. 169, Wis. Stats.
(2) 
A veterinarian, for the purpose of providing medical treatment to wild animals.
(3) 
A public zoo or aquarium.
(4) 
A circus.
(5) 
A person authorized by the Department of Natural Resources.
E. 
Penalties. Any person convicted of a violation of this section shall be subject to a forfeiture of not more than $500.
[Added 1-25-2012 by Ord. No. O-2012-3]
In addition to the above, the Village of Bellevue adopts by reference the following state statutes:
A. 
Section 95.21.
B. 
Chapter 173.
C. 
Chapter 174.
D. 
Chapter 951.
[Added 1-25-2012 by Ord. No. O-2012-3]
The Village as required by § 173.03(2), Wis. Stats., hereby names the Village Fire Chief and the Village Administrator as having the administrative authority to withdraw abatement orders issued by the Village's appointed humane officer.
Except as otherwise provided herein, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4, Violations and penalties, of the Code of the Village of Bellevue.
[Adopted 4-15-1998 as §§ 12.05 and 12.10 of the 1998 Code; amended 4-13-2011]
No person shall own, harbor or keep any dog more than five months of age without complying with the provisions of § 174.05, Wis. Stats., relating to the listing, licensing and tagging of the same, excepting only dogs owned by persons whose stay is temporary while vacationing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
To be off the premises of the owner and not under the control of some person, either by leash or otherwise, but a dog within an automobile of any person with the consent of the dog's owner shall be deemed to be on the owner's premises.
KENNEL
Any establishment where dogs are kept for breeding, sales or sporting purposes.
OWNER
Any person owning, harboring or keeping a dog, and the occupant of any premises on which a dog remains on to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog.
No person shall own, harbor or keep any dog which:
A. 
Habitually pursues any vehicle upon a public road or highway in the Village.
B. 
Assaults or attacks any person.
C. 
Is at large within the limits of the Village.
D. 
Habitually barks or howls to the annoyance of any person or persons.
E. 
Kills, wounds or worries any animal.
F. 
Is known by such person to be infected with rabies or to have been bitten by any animal known to have been infected with rabies.
The Village's designated animal control agent, any authorized employee of the Village, or any county or Village law enforcement officer may apprehend and impound any dog within the classification of § 171-19.
The possession of any dog impounded pursuant to the provisions of this article may be obtained by paying to the Village's designated animal control agent all fees charged by the same for the capture, transport, impoundment and care of the dog. In the case that additional charges related to the capture, transport, impoundment and care of the dog are incurred by and paid for by the Village, the Village shall bill these charges to the owner of the animal.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.