[HISTORY: Adopted by the Bellevue Board as indicated in article
histories. Amendments noted where applicable.]
[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:
[Amended 7-9-2014 by Ord.
No. O-2014-12]
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.
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which immediately followed this section, was repealed 7-9-2014 by
Ord. No. O-2014-12.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
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.
[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:
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.
[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.
[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)
CHICKEN
CHICKEN RUN
COOP
KEEP
ROOSTER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A domestic chicken of the subspecies Gallus gallus domesticus.
A fenced cage attached to a coop not exceeding 40 square
feet in area.
A new or existing enclosed accessory structure designed or
modified for the keeping of chickens and meeting the minimum requirements
of this section.
Either owning, keeping, possessing or harboring of a chicken(s).
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.
CIRCUS
EXOTIC ANIMAL
PERSON
POSSESS
PUBLIC ZOO OR AQUARIUM
VETERINARIAN
WILD ANIMAL
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(a)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
(15)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Any animal that is not normally domesticated in the United
States or is wild by nature.
An individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
To own, control, restrain, transport or keep.
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.
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.
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.
Nonhuman primates and prosimians (chimpanzees, monkeys);
Felids, except domesticated cats;
Canids (wolf, coyotes, foxes) except domesticated dogs;
Prairie dogs;
Elephants;
Cocodilians (alligators, crocodiles);
Marsupials (kangaroos, opossums);
Ungulates (hippopotamus, rhinoceros);
Hyenas;
Mustelids (skunks, otters, badgers) except ferrets;
Procyonids (raccoons, coatis);
Dasypodidae (anteaters, sloth, armadillos);
Viverrids (mongooses, civets, genets);
Class Reptilia.
Order Squamata
Family helodermatidae (gila monsters and Mexican bearded lizards).
Family varanidae (any monitor which will normally grow over
two feet in length).
Family iguanaidae (only green iguanas and rock iguanas).
Family boidae (boa constrictors, pythons).
Family colubridae (boonslangs and African twig snakes).
Family elapidae (coral snakes, cobras, mambas).
Family nactricidae: only keelback snakes.
Family viperidae (copperheads, cottonmouths, rattlesnakes).
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 with consideration and approval by the Village Board
and at least one of the following:
[Amended 2-14-2018 by Ord. No.
O-2018-03]
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:
[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]
[Amended 7-9-2014 by Ord.
No. O-2014-12]
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
Any establishment where dogs are kept for breeding, sales
or sporting purposes.
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.
[Added 5-23-2018 by Ord. No. O-2018-07[1]]
A.
DANGEROUS DOG/POTENTIALLY DANGEROUS DOG
(1)
(2)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any dog with a propensity, tendency or disposition to attack,
cause injury or otherwise endanger the safety of human beings or other
domestic animals as evidenced by its habitual or repeated chasing
or snapping or barking and/or snarling in a threatening manner.
Any dog which attacks a human being or another domestic animal
without provocation.
B.
Penalty. Any person who violates any provisions of this article shall, upon conviction, be subject to the payment of a forfeiture, as provided in § 171-23. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
C.
Leash and muzzle requirements and prohibitions. No person owning,
harboring or having the care of a dangerous or potentially dangerous
dog may suffer or permit such dog to go outside its kennel or controlled
contained area unless the dog is securely leashed with a leash no
longer than six feet in length. No person may permit a dangerous or
potentially dangerous dog to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person is in physical
control of the leash. The dangerous or potentially dangerous dog may
not be leashed to inanimate objects such as trees, posts and buildings.
A dangerous or potentially dangerous dog on a leash outside the dog's
kennel or controlled contained area shall be muzzled by a muzzling
device sufficient to prevent the dog from biting persons or other
animals.
D.
Confinement. All dangerous or potentially dangerous dogs shall be
securely confined indoors or in a securely enclosed and locked pen
or kennel, except when leashed and muzzled as provided above. The
pen, kennel or structure shall have secure sides and a secure top
attached to all sides or sides that subject dog cannot scale or go
over. A structure used to confine a dangerous or potentially dangerous
dog shall be locked with a key or combination lock when the dangerous
or potentially dangerous dog is within the structure. The structure
shall have a secure bottom or floor attached to the sides of the pen,
or the sides of the pen must be embedded in the ground no less than
two feet. All structures erected to house dangerous or potentially
dangerous dogs shall comply with all zoning and building regulations
of the Village. All structures shall be adequately lighted and ventilated
and kept in a clean and sanitary condition.
E.
Confinement indoors. No dangerous or potentially dangerous dog may
be kept on a porch, patio or in any part of a house or structure that
would allow the dangerous or potentially dangerous dog to exit the
building on its volition. No dangerous or potentially dangerous dog
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
dog from exiting the structure.
F.
Prohibited in multiple dwellings. No dangerous or potentially dangerous
dog may be kept within any portion of any multiple-dwelling building.
G.
Signs. All owners, keepers or harborers of dangerous or potentially
dangerous dogs shall display in a prominent place on their premises
a sign easily readable by the public using the words "Beware of Dog."
A similar sign is required to be posted on the kennel or pen of the
dog.
H.
Insurance. All owners, keepers or harborers of dangerous or potentially
dangerous dogs shall provide proof to the Village animal control/humane
officer of public liability insurance in a single incident amount
of $1,000,000 for bodily injury to or death of any person or for the
damage to property owned by any person which may result from the ownership,
keeping or maintenance of dangerous dogs. The insurance policy shall
provide that no cancellation of the policy will be made unless a ten-day
written notice is first given to the Village animal control/humane
officer. The owner or custodian of the dangerous or potentially dangerous
dog shall produce evidence of the required insurance upon request
of a law enforcement officer. This section does not apply to dogs
kept by law enforcement agencies.
I.
Dangerous or potentially dangerous dog determination.
(1)
The Village animal control/humane officer shall investigate every serious dog bite or aggressive dog complaint and decide as to whether or not such dog is dangerous or potentially dangerous as defined in § 171-22A.
(2)
In the event the Village animal control/humane officer decides that
a dog is dangerous/potentially dangerous, he/she shall inform the
owner, keeper or harborer of such dog and provide such person with
a copy of this article.
J.
Appeal of dangerous or potentially dangerous dog determination. Any person aggrieved by the determination of the Village animal control/humane officer as provided in Chapter 171, Article I, may appeal such determination to the Village Board. Such appeal shall be made to the Village Clerk's office, which shall forward the request to the Village Board to be acted upon within 60 days of appeal application. A written copy of the decision shall be provided to the appealing party. The Village Board may modify any of the requirements contained above.
K.
Compliance. Within 10 days of the determination that a dog is dangerous
or potentially dangerous, the owner of a dangerous or potentially
dangerous dog shall either comply with all provisions of this article
or dispose of such dog, or the owner shall comply with all provisions
while awaiting appeal.
L.
Disposition of dangerous or potentially dangerous dogs. Any dangerous
or potentially dangerous dog which attacks a human being or domestic
animal may be ordered destroyed by a Village police officer or Village
animal control/humane officer when, in the judgment of a court of
competent jurisdiction, the dangerous or potentially dangerous dog
represents a continuing threat of serious harm to human beings or
domestic animals.
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.
