[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 204 (Ch. 23 of the 1991
Municipal Code). Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall
apply in the interpretation and enforcement of this chapter:
Any living thing that is not human or a plant, and generally
capable of voluntary motion or sensation.
Off the premises of its owner and not under the control of
the owner or some other person.
Seizure of any portion of a human being or another animal's
anatomy by the teeth or jaws of an animal or contact of saliva from
an animal with any break or abrasion of the skin of another animal
or person.
Any feline animal, male or female, sexed or neutered.
Any canine animal, male or female, sexed or neutered.
Unless otherwise specified, shall be deemed to mean keep,
harbor, or have control, charge or custody of an animal, or permit
to be kept, harbored or fed upon or within premises owned, leased,
rented or occupied by a person and does not require actual legal title
or right to the animal.
Any person keeping, harboring or having charge or control
of, or permitting any animal to habitually be or remain on, or be
lodged or fed within buildings or land owned, leased, used or occupied
by such person irrespective of whether such person has legal title
claim to the animal. This term shall not apply to veterinarians or
kennel operators temporarily maintaining on their premises animals
owned by others. Also any person to whom the animal customarily returns
daily for a period of 10 days is presumed to be harboring or keeping
the animal within the meaning of this section.
A natural person, partnership, limited liability company
or corporation.
The scraping or clawing of any portion of another animal
or a human being's anatomy by an animal.
A natural person duly licensed to practice veterinary medicine
in the state and possessing a doctor's degree in veterinary medicine.
A.
Dog license tax. Every person who owns, harbors or keeps a dog within
the limits of the City which is more than five months of age on January
1 of any year or which becomes five months of age within the license
year, shall annually, or on or before the date the dog becomes five
months of age, pay to the Clerk-Treasurer his/her dog license tax
and obtain a license.
B.
Collar tag. Following issuance of a license, the Clerk-Treasurer
shall deliver to the owner a tag bearing the same serial number as
designated on the license, the name of the county in which the license
was issued, and the license year. The owner shall securely attach
the tag to a collar which shall be kept on the licensed dog at all
times. This requirement to wear a tag and collar does not apply to
a dog during competition or training, a dog securely confined indoors,
or to a dog while hunting.
C.
Dog license fee. Dog license
taxes shall be as set from time to time by resolution of the Common
Council.
[Amended 4-14-2015 by Ord. No. 233]
D.
Late fee. A late fee as provided by § 174.05(5) shall be
paid to the Clerk-Treasurer by every owner of a dog five months of
age or over if the owner failed to obtain a license prior to April
1 of each year, or within 30 days of acquiring ownership of a licensable
dog or if the owner failed to obtain a license on or before the dog
reached licensable age.
[Amended 4-14-2015 by Ord. No. 233]
[Amended 4-14-2015 by Ord. No. 233]
No person shall keep or harbor any animal or fowl which, by
frequent or habitual howling, yelping, barking, or making of other
noises, shall greatly annoy or disturb a neighborhood or any considerable
number of persons within the City. No owner or a person harboring
a fierce or vicious dog shall permit the same to run at large at any
time within the City.
It shall be unlawful for any person owning or possessing any
dog or cat to permit it to run at large. "Run at large" shall mean
the presence of an animal which is not on a secured leash of six feet
or less on any public property or thoroughfare or on any private property
without the permission of the property owner or occupier. Dogs and
cats which are not leashed in vehicles are not deemed to "run at large"
if they are secured in a manner as will prevent their escape therefrom.
This requirement does not apply to dogs utilized for law enforcement
purposes.
[Added 2-11-2020 by Ord.
No. 256]
A.
AT LARGE
DANGEROUS DOG
DOG
OWNER
POTENTIALLY DANGEROUS DOG
SEVERE BODILY HARM
Definitions: As used in this section, the following terms shall have
the meanings indicated:
The dog is:
Any dog which:
Any domesticated canine (Canis familiaris).
Any individual that has the right of property in an animal
or who keeps, harbors, cares for, acts as its custodian or who knowingly
permits an animal to remain on or about his premises and/or property.
Any dog which, without provocation or extenuating circumstances,
menaces, chases, or displays threatening behavior which endangers
the safety of a person or domestic animal.
Bodily injury to a person or domestic animal including, but
not limited to, a significant laceration or puncture wound, fracture
of a bone, a concussion or loss of consciousness, or loss of a tooth.
B.
Dangerous dog.
(1)
Designation of dog as dangerous. Any dog which, without provocation or extenuating circumstances, inflicts severe bodily harm on a person or domestic animal within the City of Markesan shall be considered a dangerous dog and shall be penalized by a forfeiture as set forth in Subsection E below and be subject to impoundment and euthanasia. Upon an animal being declared dangerous in Markesan or any other jurisdiction, the owner shall immediately comply with all the requirements in § 107-4.1B(3) below.
(2)
No person shall harbor, keep or maintain within the city limits
of the City of Markesan any dangerous dog not in compliance with this
section.
(3)
The owner of a dangerous dog, as defined by this section, shall:
(a)
Provide that the dog be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry
of young children, designed to prevent the animal from escaping, and
designed so that the snout of the dog cannot protrude beyond the enclosure.
The owner must provide protection from the elements for the dog. Underground
fences are not sufficient to contain these dogs;
(b)
Be permitted to take the dog off the owner's premises if
restrained by a suitable leash not exceeding four feet in length and
is under the control of an able-bodied adult and muzzled to prevent
it from biting any person or animal. The muzzle shall not interfere
with the dog's vision or breathing;
(c)
Provide proof of liability insurance in the amount of at least
$100,000 for any acts of property damage or liability incurred by
virtue of injury inflicted by such dog;
(4)
For a dangerous dog that runs at large or commits a repeat offense,
the owner of said dog may be subject to a forfeiture and/or the dog
impounded. Upon judgment of conviction in court the dog shall be removed
from the City and shall be subject to the procedures and the standards
set forth in Chapters 173 and 174 of the Wisconsin Statutes, which
may include impoundment or euthanasia.
C.
Potentially dangerous dog.
(1)
Any dog which, without provocation or extenuating circumstances,
menaces, chases or displays threatening behavior which endangers the
safety of a person or domestic animal shall be considered potentially
dangerous and shall comply with the provisions of this section.
(2)
Said dog shall be securely confined indoors or in a securely
enclosed area or supervised by an able-bodied adult on a physical
leash not to exceed four feet; underground fences are not sufficient.
(3)
After a period of 12 months without further incidents, the owner
may present proof of corrections of the potentially dangerous behavior
to the Clerk's Office and request to have said designation removed.
D.
Extenuating circumstances. Notwithstanding the other provisions of
this section, a dog shall not be deemed dangerous or potentially dangerous
for behavior under the following circumstances:
(1)
A dog utilized by law enforcement in performance of duties.
(2)
A dog defending itself, its young, its owner or any other person
from an attack.
(3)
Result of a willful trespass or attempt to commit a crime.
(4)
Harassing or engaging in conduct reasonably calculated to provoke
the dog to attack.
E.
Penalties.
(1)
Forfeiture. Any person who violates this section shall be subject to a penalty as provided in § 1-3 of this Municipal Code. Each day a violation exists constitutes a separate violation and is punishable as such. The dog may also be impounded and/or euthanized pursuant to Chapters 173 and 174 of the Wisconsin Statutes with said provisions being adopted herein.
(2)
Owners who repeatedly violate the laws will be subject to increased forfeiture with each additional violation. Notwithstanding § 1-3 of the Municipal Code, for a violation within one year of a previous violation, the forfeiture to be imposed shall be not less than $500 plus costs and not more than $1,000 plus costs.
Whenever any police officer or other person designated by the
Chief of Police shall find any dog or cat running at large as defined,
he/she shall, if possible, pick up and impound such animal in such
place as the Chief of Police may direct; provided, however, that if
any such dog or cat is fierce or dangerous, it may be disposed of
forthwith. Whenever the owner of any impounded animal shall be identifiable
through a collar or license tag, the owner shall be notified by the
impoundment facility. Any animal impounded shall be held for a period
of seven days to permit the owner to reclaim it at owner's expense.
At the end of such period, the animal may be disposed of in the manner
as provided by Wisconsin Statutes.
A.
ANIMAL
VACCINATION AGAINST RABIES
VETERINARIAN
Definitions. For the purpose of this section, the following definitions
shall apply:
A dog or cat.
The inoculation of an animal with a rabies vaccine licensed
by the United States Department of Agriculture administered by a veterinarian.
A practitioner of veterinary medicine who is duly licensed
by the state.
B.
Rabies vaccination required. Dogs and cats shall be vaccinated within
30 days after having reached four months of age. Unvaccinated dogs
or cats acquired or moved into the City must be vaccinated within
30 days after purchase or arrival, unless under four months of age,
wherein the above shall apply. Each dog vaccinated at under one year
shall be revaccinated 12 months after the initial vaccination. Thereafter,
every dog shall be revaccinated at not more than thirty-six-month
intervals. Each cat shall be vaccinated at not more than thirty-six-month
intervals.
C.
Duties of veterinarian.
(1)
It shall be the duty of each veterinarian, at the time of vaccinating
any dog or cat, to complete a certificate of rabies vaccination, which
includes the following information:
[Amended 4-14-2015 by Ord. No. 233]
(2)
The owner shall retain their copy of the rabies certificate for the interval between vaccinations specified in Subsection B above. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever a dog or cat is out-of-doors, whether on or off the owner's premises, the collar or harness with the vaccination tag shall be worn.
[Amended 4-14-2015 by Ord. No. 233]
D.
Vaccination cost. The cost of a rabies vaccination shall be borne
by the owner of the dog or cat.
E.
Exception to vaccination requirement for transient dogs or cats.
The provisions of this chapter with respect to vaccination shall not
apply to any dog or cat owned by a person temporarily remaining within
the City for less than 30 days, or any dog or cat brought to the City
for field trial or show purposes, nor for hunting dogs in the state
for less than 30 days. Such dogs shall be kept under strict supervision
of the owner. However, it shall be unlawful to bring any dog into
the City which does not comply with the animal health laws and import
regulations of the City and the state which are applicable to dogs.
F.
Duty upon animal biting or scratching a natural person.
(1)
Within three days after being notified, as provided in Subsection F(2)(a) below, the owner of an animal that has bitten or scratched any natural person shall cause such animal to be examined by a veterinarian.
(2)
Notice to owner.
(a)
Notice, as used in Subsection F(1) above, shall be complete either:
[1]
Upon first-class mailing of a notice;
[2]
Upon actual delivery of a notice to the owner; or
[3]
By leaving a copy of the notice at the owner's usual place of
abode within the state in the presence of some competent member of
the family at least 14 years of age, who shall be informed of the
contents thereof.
(b)
The notice herein shall be sufficient if it identifies: the animal, the name of the natural person bitten or scratched, the location at which the person was bitten or scratched, and the name of the owner, as defined in § 107-1 of this chapter, of the animal. Notice by mail shall be complete upon deposit with the post office.
(3)
In not less than 10 nor more than 12 days after the date the animal
bit or scratched any natural person, the owner shall secure a release
of the animal from a veterinarian on a form approved by the City and
delivered by the owner to the City.
[Amended 4-14-2015 by Ord. No. 233]
(4)
The owner of the animal shall cause the animal to be confined in
the custody and care of a veterinarian for such period of time, not
to exceed 10 days, as is deemed necessary by the veterinarian to determine
whether the animal is rabid if:
(5)
If, pursuant to the examination in Subsection F(1) above, and subject to the conditions in Subsection F(4) above, the veterinarian determines that the animal may be released to the owner, the owner shall continuously confine the animal within the owner's house or a locked pen or building completely inaccessible to children and from which the animal cannot escape, for a period of 10 days, commencing immediately after the bite or scratch.
(6)
If the owner fails to comply with the requirements of Subsection F(1), (3), (4) and (5) above and Subsection F(8) or (10) below, the animal, or its carcass, shall be impounded by order of the City, for such period as shall be deemed necessary by the City, to determine whether or not the animal is rabid. After the animal has been impounded for such period as is necessary to determine whether or not the animal is rabid, the City may cause such impounded animal to be returned to its owner. The return of the animal shall in no manner affect or diminish the liability of the owner for the costs of impounding and transporting the animal or relieve the owner of any duties or liabilities under this chapter.
(7)
The owner shall comply with all the requirements of this section
each and every time an animal owned by him/her bites or scratches
any natural person.
(8)
In the event the City notifies the owner later than 10 days after the animal has scratched or bitten a natural person, the owner shall have the animal examined by a veterinarian within three days of the notice. The veterinarian may also release the animal pursuant to Subsection F(3) above at the same time the veterinarian makes the initial examination. If the veterinarian releases the animal immediately, it shall be done on the same forms as required by Subsection F(1) and (3) above, and delivered by the owner to the City within five days after being notified. If the veterinarian determines that the animal is suspected of having rabies, the veterinarian shall confine the animal in the veterinarian's care for a period of not less than 10 days. The cost of such confinement shall be paid by the owner.
(9)
The owner of an animal shall not be relieved from any duty under
this section by reason of the animal's disappearance or by the transfer
of its custody to another.
(10)
The owner shall not destroy or permit to be destroyed an animal that has bitten or scratched a natural person, unless it has been released pursuant to Subsection F(3) or (8) above or with the prior written permission of the Chief of Police, or 15 days have passed since the date of the last time the animal bit or scratched a natural person.
(11)
The City, upon failure of the owner to reimburse the veterinarian, shall reimburse the veterinarian who confines an animal pursuant to a request for such confinement by the City, under Subsection F(4)(b) or F(8) above. Such reimbursement shall be limited to the average normal customary charge in Green Lake County for boarding an animal by a veterinarian and up to two rabies tests. The veterinarian, upon accepting reimbursement from the City under this section, shall execute and deliver to the City an assignment of his/her claim against the owner for the costs of confinement. The City Attorney is authorized to take any and all actions he/she deems appropriate to collect the costs of confinement and care from the owner, pursuant to any assignment given by a veterinarian.
G.
Handling of dogs or cats bitten or scratched by rabid animals. In
the case of dogs or cats known to have been bitten or scratched by
a rabid animal, the following shall apply:
(1)
Unvaccinated dogs or cats.
(a)
In the case of dogs or cats which are not vaccinated in accordance with Subsection B of this section and which have been bitten or scratched by a known rabid animal, said bitten or scratched (exposed) dog or cat may be immediately destroyed, with the owner's consent, or as a last resort, if the cat or dog cannot be captured.
(b)
If the owner is unwilling to destroy the bitten or scratched
(exposed) dog or cat, strict isolation of the dog or cat in a kennel
under veterinary supervision for a minimum of 180 days, and compliance
with the vaccination requirement of § 95.21(5)(c), Wis.
Stats., shall be required.
(2)
If the bitten or scratched (exposed) dog or cat is vaccinated in accordance with the provision of Subsection B above, the dog or cat shall be handled as follows:
H.
Impoundment of dogs without a valid rabies vaccination tag.
(1)
Any dog found off the owner's premises and not wearing a valid rabies vaccination tag shall be impounded. All impounded dogs shall be given proper care and maintenance. Each impounded dog shall be kept and maintained at the pound in accordance with § 107-5 of this chapter.
(2)
Notice of impoundment of all animals, including any significant marks
of identification, shall be posted at the pound as public notification
of impoundment. Any unvaccinated dog or cat may be reclaimed by its
owners during the period of impoundment by payment of prescribed pound
fees and complying with the rabies vaccination requirement of this
chapter within 72 hours of release. Any vaccinated dog impounded because
of lack of a rabies vaccination tag may be reclaimed by its owner
by furnishing proof of rabies vaccination and payment of all impoundment
fees prior to release.
I.
Enforcement.
(1)
The Police Department and its designees, shall be responsible for
the enforcement of the provisions of this section. All members of
the Police Department shall make themselves available to and follow
the directions of the Chief of Police or his designees to enforce
this section.
(2)
Upon a proper showing to the Chief of Police that a scratch of a natural person by an animal poses no threat of rabies to the person scratched due to the nature of the scratch, the Chief of Police may, upon a written finding, exempt the owner from the provisions of Subsection F above, except that the animal may not be destroyed for a period of not less than 14 days after the scratch was inflicted.
(3)
The Chief of Police is authorized to prepare and promulgate such forms as are necessary for the administration of this section, and is authorized to designate such persons as he/she deems appropriate to enforce this section. The Clerk-Treasurer shall be responsible for making any payments under Subsection F(11) above.
A.
Purpose. The owning, harboring and keeping by any person of a large
number of dogs, cats or combination thereof within a residentially
zoned lot within the City for an extended period of time, detracts
from the quality of life within the entire residential district due
to various noise, odor, health and safety problems which constitute
a public nuisance. The Common Council has deemed it necessary to abate
such public nuisance by the creation of the following limitation.
B.
Limitation. No person may own, harbor or keep in their possession,
within the City, more than three cats or dogs, or any combination
thereof, over the age of five months, except when they possess a kennel
license which is in full force and effect.
C.
Exemption.
(1)
Any person owning, harboring or keeping in their possession within
the City, on the effective date of this chapter, more than three cats
or dogs, with no more than three of one species, over the age of five
months, shall be permitted to own, harbor or keep within their possession
said dogs and/or cats, provided that:
(a)
Required license fees for each dog has been paid, a license
for each dog is continuously maintained in full force and effect,
and proof thereof is furnished to City personnel empowered to enforce
this chapter upon request.
(b)
Required and effective rabies immunization for each dog and/or
cat has been procured, and effective level of rabies immunization
continuously maintained, and proof thereof furnished to City personnel
empowered to enforce this chapter upon request.
(2)
However, this exemption shall not authorize the replacement of any
dog and/or cat until the specified limitation within this chapter
is complied with. The burden of proving entitlement to this exemption
is upon the party seeking the exemption.
Any premises, whether indoors or outdoors, upon which any animal
is harbored, shall be maintained in a sanitary condition, and all
animal feces must be removed and sanitarily disposed of.
A.
ENCLOSURE
KENNELS
(1)
(2)
(3)
PET ANIMAL
PET SHOP
Definitions. The following definitions shall apply to the terms and
words used in this section:
A separate enclosure or cage which segregates one animal
from another animal or animals.
Noncommercial kennels. Any not for profit business that, as a home occupation, under Chapter 400, Zoning, of the Code of the City of Markesan, keeps, maintains, harbors or possesses more than three dogs or cats, but not more than three of one species, over five months of age for the purpose of housing unwanted dogs and/or cats pending adoption. This term shall exclude the commercial sale and breeding of any such animals. However, the charging of a fee to cover costs for maintenance, health care, neutering and spaying shall not disqualify households from noncommercial kennel status.
Commercial kennels. A for profit business establishment engaged
in offering boarding, training and/or breeding services and/or the
sale of dogs and/or cats, with the exclusion of veterinary hospitals.
Commercial kennels shall include the boarding of dogs for racing purposes.
Humane societies.
[Amended 4-14-2015 by Ord. No. 233]
Any domesticated or wild animal, including dogs, cats, birds,
small rodents or small nonpoisonous reptiles, which is fed, watered,
harbored or allowed by this Code to be or remain in the City, excluding:
A retail or wholesale business offering for sale pet animals,
excluding commercial kennels.
B.
License required and fee. It is unlawful for any person to operate,
keep or maintain within the City limits a kennel or pet shop without
first having obtained a license from the Common Council and being
in compliance with all provisions of this chapter. License applications
shall be reviewed prior to action by the Common Council. The Clerk-Treasurer,
or designee thereof, shall issue licenses which have been granted
by the Common Council. The fee for a license issued hereunder or renewal
thereof shall be $50 per calendar year or fraction thereof.
C.
License application.
(1)
Any applicant for a license or renewal thereof under this chapter
shall file with the Clerk-Treasurer a fully executed application on
a form prescribed by the Clerk-Treasurer, accompanied by the annual
license fee. The application shall state the maximum number of dogs
and/or cats sought to be permitted upon the licensed premises.
(2)
No license or renewal thereof shall be issued hereunder until:
(a)
There has been an inspection by an agent of the City and a determination
by said agent that all requirements of this chapter and other applicable
chapters of this Code have been met.
(b)
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(3)
Any license or renewal thereof issued hereunder shall be for a calendar
year or portion thereof. Licenses must be renewed each calendar year
on or before the 31st day of January. Licenses shall not be assignable
or transferable either to another person or for another location.
(4)
When issued, a license shall be displayed in a manner and at a location
so as to be readily visible by the public.
(5)
The Common Council shall license the premises only for such number
of dogs and/or cats as the premises to be licensed will reasonably
accommodate based upon inspection reports.
D.
License and rabies tags. Upon issuing a license hereunder, the Clerk-Treasurer
shall issue a number of tags equal to the number of dogs authorized
to be kept on the licensed premises. License tags shall be made in
a form so that they may be readily distinguishable from the individual
license tags for the same year. The licensee shall, at all times,
keep one of such tags, plus a rabies tag obtained from a veterinarian,
attached to the collar of each dog over five months old kept on the
licensed premises. This requirement to wear a tag and collar does
not apply to a dog during competition or training, a dog securely
confined indoors, a dog while hunting, or a dog securely confined
in a fenced area. License tags may not be transferred from one dog
to another. No dog bearing any such license tag shall be permitted
to stray or to be taken anywhere outside the limits of the licensed
premises unless it is on a leash, except where temporarily unleashed
for the purposes of hunting, breeding, trial or show.
[Amended 4-14-2015 by Ord. No. 233]
E.
Chapter 174 of the Wisconsin Statutes. Unless clearly inapplicable,
all the provisions of Ch. 174, Wis. Stats., relating to the individual
dog license tax, license and tag, shall apply to license tags issued
hereunder.
F.
Other licenses and permits. The issuance of a license hereunder does
not exempt licensee from obtaining and complying with all other applicable
state and City licenses and permits, including required zoning permits.
[Amended 4-14-2015 by Ord. No. 233]
G.
General facility standards. All licensed premises shall provide the
following:
(1)
Water and food. Adequate and potable water shall be available at
all times to pet animals. Watering and feeding receptacles shall be
cleaned at least once daily.
(2)
Storage. Supplies of food and bedding shall be stored and adequately
protected against infestation or contamination by vermin. Refrigeration
shall be provided for perishable food.
(3)
Waste disposal. Provisions shall be made for the removal and disposal
of animal and food wastes, bedding, dead animals and debris. Disposal
facilities shall also be provided and operated as to minimize vermin
infestation, odors, and disease hazards.
(4)
Washrooms and sinks. Facilities such as washrooms, basins or sinks
shall be provided to maintain cleanliness among caretakers.
(5)
Communicable diseases. Pet animals with potential communicable diseases
shall be housed in separate rooms from healthy, boarding animals.
Pet animals which have a communicable disease shall not be sold or
provided for adoption until receiving a clean bill of health from
a veterinarian.
(6)
Vicious animals. Vicious animals, as defined in this chapter, shall
not be kept on licensed premises.
H.
Indoor facility standards.
(1)
In addition to the requirements of Subsection G above, indoor facilities licensed hereunder shall provide the following:
(a)
Ventilation. Indoor housing for pet animals shall be adequately
ventilated to provide for health and comfort of said animals at all
times. They shall be provided with fresh air, either by means of windows,
doors, vents or air conditioning. Ventilation shall minimize drafts,
odors and moisture condensation. Auxiliary ventilation such as exhaust
fans and vents or air conditioning shall be provided when the ambient
temperature is 85° F. or higher, except where the ambient temperature
requirements of the specific requirements of the specific species
differs.
(b)
Lighting. Indoor housing for pet animals shall have ample artificial
light which is of good quality and is well-distributed. Such lighting
shall provide uniformly distributed illumination of sufficient intensity
to permit routine inspection and cleaning.
(c)
Interior surfaces. The interior building surfaces of indoor
housing facilities for pet animals shall be constructed and maintained
so that they are impervious to moisture and may be readily cleaned.
(d)
Drainage. A suitable method shall be provided to rapidly eliminate
excess water from indoor housing facilities. If drains are used, they
shall be properly constructed and kept in good repair to avoid foul
odors therefrom. If closed drainage systems are used, they shall be
equipped with traps and so installed as to prevent any backup of sewage
and odors.
(e)
Dogs five months or older. Dogs five months or older which are
housed longer than a twenty-four-hour period shall be provided with
adequate, separate, cleanable enclosures and shall be permitted exercise
periods at least twice each day for a minimum of five minutes each
period, unless an exercise run is provided. An exercise run shall
have an area of 20 square feet for a dog of 30 pounds or less, and
a minimum of 36 square feet for a dog over 30 pounds in weight.
I.
Outdoor facility standards. In addition to the standards required under Subsection G above, outdoor facilities licensed hereunder shall provide the following:
(1)
Shelter from sunlight. When sunlight is likely to cause overheating
or discomfort, sufficient shade shall be provided to allow all pet
animals kept outdoors to protect themselves from the direct rays of
the sun.
(2)
Shelter from rain or snow. Pet animals kept outdoors shall be provided
with access to shelter to allow them to remain dry during rain or
snow.
(3)
Shelter from cold winter. Shelter shall be provided for all pet animals
kept outdoors when the atmospheric temperature falls below 50°
F. Sufficient clean bedding material or other means of protection
from the weather elements shall be provided when the ambient temperature
falls below that temperature to which any such animal is acclimated.
(4)
Drainage. A suitable method shall be provided to rapidly eliminate
excess water.
(5)
Dogs five months or older. Dogs five months or older which are housed
longer than a twenty-four-hour period shall be provided with adequate,
separate, cleanable enclosures and shall be permitted exercise periods
at least twice each day for a minimum of five minutes each period,
unless an exercise run is provided. An exercise run must have an area
of 20 square feet for a dog of 30 pounds or less, and minimum of 36
square feet for a dog over 30 pounds in weight.
(6)
Individual enclosures. Individual enclosures shall not be required
for noncommercial kennels.
J.
Enclosures. Enclosures shall:
(1)
Not be required for noncommercial kennels.
(2)
Be structurally sound and maintained in good repair to protect the
pet animals from injury, to contain them, and to keep predators out.
They shall be constructed of a material that is easily cleanable and
maintained so as to enable the pet animals to remain dry and clean
and provide convenient access to clean food and water.
(3)
Be constructed and maintained so as to provide sufficient space to
permit each pet animal to turn about freely and to easily stand, sit
and lie in a comfortable, natural position.
(4)
Be used for housing not more than one pet animal unless requested
by the owners of each pet animal housed therein.
K.
Sanitation/cleaning of enclosures.
(1)
Excreta shall be removed from the enclosures as often as necessary
to prevent contamination of the pet animals contained therein and
to reduce disease, hazards and odors. When a hosing or flushing method
is used for cleaning an enclosure, the pet animals shall be removed
during the cleaning process and adequate measures shall be taken to
protect the pet animals in other enclosures from being contaminated
with water and other wastes.
(2)
Enclosures, rooms, hard-surfaced pens and runs shall be cleaned by
washing all soiled surfaces with a safe and effective disinfectant.
(3)
Pens and runs shall be constructed of concrete, asphalt or impervious
material, or other material approved by the City agent or his designee.
(4)
An effective program for the control of insects, ectoparasites, avian
and mammalian pests shall be established and maintained where a problem
exists.
L.
Feeding.
(1)
Pet animals which are housed for more than 24 hours shall be fed
at least once a day, except as otherwise might be required to provide
adequate veterinary care. The food shall be free from contamination,
wholesome, palatable and of sufficient quality and nutritive value
to meet the normal daily requirements for the condition and size of
each pet animal.
(2)
Food receptacles shall be accessible to the pet animal and shall
be located so as to minimize contamination by excreta. Feeding pans
shall be durable and kept clean. The food receptacles shall be cleaned
daily. Disposable food receptacles may be used, but shall be discarded
after each feeding. Self-feeders may be used for the feeding of dry
food and they shall be sanitized as needed, but at least once per
week, to prevent molding, deterioration or caking of feed.
M.
Enforcement.
(1)
The Police Department shall be responsible for the enforcement of
this chapter and shall have the authority and duty to enter any licensed
premises during regular business hours to inspect the same with respect
to businesses. In the absence of regular business hours, inspections
shall be made at any reasonable hour. In the event of an emergency,
an inspection may be made at any time.[1]
[1]
Editor's Note: Original Subsection (13)(a), providing a penalty,
which immediately preceded this subsection, was repealed 4-14-2015
by Ord. No. 233.
(2)
The provisions of this chapter which are enforceable against a licensee
shall be equally enforceable against a nonlicensee who is required
to be licensed hereunder.
N.
Suspension, revocation or denial of renewal of license.
(1)
The Common Council shall have the right to suspend or revoke any
license once granted or deny annual renewal thereof when it appears
that any operator or licensee has violated any of the provisions of
this chapter or any other provision of this Code, or law, rule or
regulation of the state or the United States, involving cruelty or
mistreatment of pet or other animals, or the unlawful possession of
any animal. Prior to the suspension or revocation of any license or
the denial of an application for a renewal thereof, written notice
of the reason for such action shall be given to the applicant or licensee
by the Clerk-Treasurer. Such notice shall state that the applicant
or licensee may request a hearing on such decision by the Common Council
within 10 days of receiving the notice.
(2)
Should the applicant or licensee request a hearing within such ten-day
period, the applicant or licensee shall be notified in writing by
the Clerk-Treasurer of the time and place of the hearing, and the
license shall remain in effect until the Common Council determines
that grounds exist for such action.
(3)
Disciplinary hearings, including nonrenewal, suspension and revocation
hearings, shall be held before the Public Property and Health Committee,
which shall submit a report to the Common Council, including findings
of fact, conclusions of law and a recommendation as to what action,
if any, the Common Council should take with respect to the license.
The Committee shall provide the complainant and the licensee with
a copy of the report. Either the complainant or the licensee may make
an objection, orally or in writing, to the report and shall have the
opportunity to present arguments supporting the objection to the Common
Council. The Common Council shall determine whether the arguments
shall be presented orally or in writing, or both. If the Common Council,
after considering the Committee's report and any arguments presented
by the complainant and licensee, finds the complaint to be true, or
if there is no objection to a report recommending a suspension, revocation
or nonrenewal, the licensee shall be suspended, revoked or not renewed
as provided by law. If the Common Council finds the complaint untrue,
the proceedings shall be dismissed without cost to the accused. The
Clerk-Treasurer shall give notice of each suspension, revocation or
nonrenewal to the party whose license is affected.
A.
Animals.
(1)
No person shall keep, feed or breed any swine, cattle, foxes, beavers, mink, otter, marten, fisher, raccoon, skunk, goat, horse, mule, ass, sheep, pheasant, poultry or bee in the City, except as herein provided and as provided in § 107-21 of the City of Markesan Municipal Code. In the Agricultural Zoning District, swine, cattle, goats, horses, sheep, poultry or bees are permitted. In the event of the commercial raising of poultry for meat or eggs, a license, as provided in Subsection B below, shall be required and shall be zoned to permit such a use. Vietnamese potbellied pigs are permitted in one- and two-family residential housing units in other than the Agricultural Zoning District upon the issuance and maintenance of a license therefor under §107-11 of this chapter. Notwithstanding the above, killer bees of the African or South American species may not be kept, fed or bred in the City under any circumstances.
[Amended 10-13-2020 by Ord. No. 262]
(2)
No person shall bring into, keep or maintain under their control,
within the limits of the City, any wild animal or any animal which
may endanger life or property. The word "animal" as used in this subsection
is any living thing that is not human or a plant, and generally is
capable of voluntary motion or sensation, and, the term "wild animal"
includes, but is not limited to, all animals not indigenous to the
North American Continent, and have a dangerous propensity.
(3)
Any traveling circus or similar business having suitable structures
or facilities for the safeguard of such animals as determined by the
Police Chief are exempted from the provisions of this subsection.
Also excepted from this subsection is any bona fide, accredited school
having structures or facilities for the safekeeping of such animals,
as deemed appropriate by the Chief of Police, or designee thereof,
and offering protection to persons who may come in contact therewith,
providing the head of the school or school system authorizes the keeping
or maintaining of designated animals for educational purposes. Furthermore,
also excepted from this subsection is an elderly community licensed
as a "nursing home" as defined in W.S.A. § 50.01(3), having
structures or facilities for the safekeeping of such animals, as deemed
appropriate by the Chief of Police, or designee thereof, and offering
protection to persons who may come in contact therewith, providing
the head of the elderly community authorizes the keeping or maintaining
of designated animals for therapeutic purposes.
[Amended 5-8-2018 by Ord.
No. 241]
B.
Fowl.
(1)
POULTRY RANCH
Definitions. As used in this subsection, the following terms shall
have the meaning indicated:
Any building, structure, enclosure or premises located in
the City where 50 or more domestic fowl are kept or maintained for
the primary purpose of producing domestic fowl, eggs or meat for hobby
purposes, personal use or consumption, or commercial sale.
(2)
No person shall keep, feed, or harbor any chickens, turkeys, ducks, or geese unless the zoning district allows for such use or as provided in § 107-21 of the City of Markesan Municipal Code.
[Amended 10-13-2020 by Ord. No. 262]
(3)
Application to operate a poultry ranch shall be made to the Clerk-Treasurer and, subject to the approval of the Common Council, shall be accompanied by a fee of $500. Such application shall state the location of the ranch, its size, approximate acreage and number of fowl maintained per day. The license term shall be the calendar year. No license shall be granted for any premises not in conformity with Chapter 400, Zoning, of the Code of the City of Markesan.
[Amended 4-14-2015 by Ord. No. 233]
(4)
Regulations.
(a)
The licensee shall not knowingly permit any live fowl within
125 feet of the boundaries of the premises.
(b)
The licensee shall maintain the premises in a sanitary condition
such as to prevent obnoxious odors from escaping to any private or
public property and such as to not jeopardize the public health, safety
and welfare.
(c)
The licensee shall permit the inspection of the premises by
a designated City official, and shall obey any reasonable sanitation
directive imposed by that official.
(5)
Revocation of license. Upon recommendation of the Board of Zoning
Appeals, the Common Council may revoke any license after a hearing
has been afforded to the licensee.
A.
CITY AGENT
VIETNAMESE POTBELLIED PIG
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The City Humane Officer, acting as the City enforcing agent.
Purebred Vietnamese potbellied pigs registered through a
North American Vietnamese Potbellied Pig Registry which do not exceed
100 pounds in weight.
B.
License required and fee. It is unlawful for any person to keep or
maintain within the City limits a Vietnamese potbellied pig without
first having obtained a license from the Common Council and being
in compliance with all provisions of this chapter. License applications
shall be reviewed, prior to action by the Common Council, by the Public
Property & Health Committee. The Clerk-Treasurer, or designee
thereof, shall issue licenses which have been granted by the Common
Council. The fee for a license issued hereunder or renewal thereof
shall be $200 per calendar year or fraction thereof. Excepted from
the license requirement is any law enforcement agency or agency under
contract with the City to care for stray or unwanted animals.
[Amended 4-14-2015 by Ord. No. 233]
C.
License and application.
(1)
Any applicant for a license or renewal thereof under this chapter
shall file with the Clerk-Treasurer a fully executed application on
a form prescribed by the Clerk-Treasurer, accompanied by the annual
license fee.
(2)
No licenses or renewal thereof shall be issued hereunder until:
(a)
A certificate of purebred registration is filed with the Clerk-Treasurer.
(b)
There has been an inspection by the City agent of the premises
being licensed and a determination by said City agent that all requirements
of this chapter, and other applicable provisions of this Code, have
been met.
[Amended 4-14-2015 by Ord. No. 233]
(c)
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(d)
The proposed facilities are in compliance with the Building
Code and fire regulations, as verified by authorized representatives
of enforcing departments.
(3)
Any license or renewal thereof issued hereunder shall be for a calendar
year or portion thereof. Licenses must be renewed each calendar year
on or before the 31st day of January. Licenses shall not be assignable
or transferable either to another person or for another location.
(4)
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any City personnel requesting to examine
it and having authority to enforce this chapter.
(5)
The Common Council shall license the premises only for one Vietnamese
potbellied pig.
D.
License tags. Upon issuing a license hereunder, the Clerk-Treasurer
shall issue a license tag. The licensee shall, at all times, keep
such tag attached to the collar of said Vietnamese potbellied pig
kept on the licensed premises. No Vietnamese potbellied pig shall
be permitted to stray or to be taken anywhere outside the limits of
the licensed premises unless it is in leash, except where temporarily
unleashed for the purpose of show.
E.
Records. The Clerk-Treasurer shall retain a copy of the application
and license for his/her files.
F.
Other licenses and permits. The issuance of a license hereunder does
not exempt licensee from obtaining and complying with all other applicable
state and City licenses and permits, including required zoning permits.
G.
License requirement. Licensees shall comply with the following as
a condition of obtaining and maintaining a license:
(1)
Animal feces shall be collected on a daily basis and stored in a
sanitary receptacle. Animals shall not be brought, or permitted to
be, on property, public or private, not owned or possessed by the
owner or person in charge of the animal, unless such person has in
his/her immediate possession an appropriate device for scooping excrement
and an appropriate depository for the transmission of excrement to
a receptacle located upon property owned or possessed by such person.
(2)
When sunlight is likely to cause overheating or discomfort, sufficient
shade shall be provided to permit an animal kept outdoors to protect
itself from the direct rays of the sun.
(3)
An animal kept outdoors shall be provided with access to shelter
to allow it to remain dry during rain or snow. Animals may be kept
outdoors only if contained in a fenced enclosure sufficient for purposes
of restraint.
(4)
When the atmospheric temperature is less than 50° F., an animal
shall be kept indoors at a temperature no less than 50° F., except
for temporary ventures which do not endanger the animals' health.
(5)
An effective program for the control of insects, ectoparasites, avian
and mammalian pests shall be established and maintained where a problem
exists.
(6)
Animals shall be fed and watered at least once a day, except as otherwise
might be required to provide adequate veterinary care. The food shall
be free from contamination, wholesome, palatable and of sufficient
quality and nutritive value to meet the normal daily requirements
for the condition and size of the animal. Food receptacles shall be
accessible to the animal and shall be located so as to minimize contamination
by excreta. Feeding pans shall be durable and kept clean. The food
receptacles shall be cleaned daily. Disposable food receptacles may
be used, but must be discarded after each feeding. Self-feeders may
be used for the feeding of dry food and they shall be sanitized as
needed, but at least once per week, to prevent molding, deterioration
or caking of feed.
(7)
Animals may not be permitted to exceed 100 pounds in weight.
(8)
Animals shall be examined by a veterinarian within a period of 60
days prior to a new or renewal license application being filed. The
animal may be licensed only upon a written statement from a veterinarian
as to:
(a)
The animal's weight.
(b)
The animal has received all recommended vaccinations and boosters.
(c)
The animal is asymptomatic respecting disease or has a disease
which is not contagious and is receiving appropriate treatment.
(d)
The animal's tusks, if any, have been removed or trimmed so
as not to endanger any person or animal.
(e)
The animal has been spayed or neutered.
(f)
The animal has passed a pseudorabies test administered in accordance
with Wis. Adm. Code ATCP 10.
(9)
The animal shall not be permitted to run at large. "Run at large"
shall mean the presence of an animal which is not on a leash of six
feet or less on any public property or thoroughfare or on any private
property without the permission of the property owner or occupier.
Animals which are not leashed in a motor vehicle shall not be deemed
to "run at large" if secured in a manner as will prevent their escape
therefrom.
(10)
Animals shall not be kept in a manner as to disturb the peace
of the neighborhood or of persons passing to and from upon the streets.
(11)
License holder shall be responsible for all costs of impounding
the animal, if taken into custody as a stray, and for all costs of
providing any necessary medical treatment which may be required for
the animal under any circumstances. To guarantee the payment of said
cost, a bond, cash bond or other assurance approved by the City Attorney
is required to be posted with the Clerk-Treasurer in the amount of
$1,000.
(12)
Animals may be imported, sold and exhibited only in accordance
with state law.
[Amended 4-14-2015 by Ord. No. 233]
H.
Enforcement.
(1)
City agents shall be responsible for the enforcement of this chapter,
and shall have the authority and duty to enter any licensed premises
to inspect the same. Inspections may be made at any reasonable hour.
In the event of an emergency, an inspection may be made at any time.[1]
[1]
Editor's Note: Original Subsection (8)(a), providing a penalty,
which immediately preceded this subsection, was repealed 4-14-2015
by Ord. No. 233.
(2)
The provisions of this chapter which are enforceable against a licensee
shall be equally enforceable against a non-licensee who is required
to be licensed hereunder.
I.
Suspension, revocation or denial of renewal of license.
(1)
The Common Council shall have the right to suspend or revoke any
license once granted or deny annual renewal thereof when it appears
that any licensee has violated any of the provisions of this chapter
or any provisions of this Code, or law, rule or regulation of the
state or the United States, involving cruelly or mistreatment of the
animal, or the unlawful possession of the animal. Prior to the suspension
or revocation of any license or the denial of an application for a
renewal thereof, written notice of the reason for such action shall
be given to the applicant or licensee by the Clerk-Treasurer. Such
notice shall state that the applicant or licensee may request a hearing
on such decision by the Common Council within 10 days of receiving
the notice.
(2)
Should the applicant or licensee request a hearing within such ten-day
period, the applicant or licensee shall be notified in writing by
the Clerk-Treasurer of the time and place of the hearing, and the
license shall remain in effect until the Common Council determines
that grounds exist for such action.
(3)
Disciplinary hearings, including nonrenewal, suspension and revocation
hearings, shall be held before the Public Property and Health Committee,
which shall submit a report to the Common Council, including findings
of fact, conclusions of law and a recommendation as to what action,
if any, the Common Council should take with respect to the license.
The Committee shall provide the complainant and the licensee with
a copy of the report. Either the complainant or the licensee may make
an objection, orally or in writing, to the report and shall have the
opportunity to present arguments supporting the objection to the Common
Council. The Common Council shall determine whether the arguments
shall be presented orally or in writing, or both. If the Common Council,
after considering the Committee's report and any arguments presented
by the complainant and licensee, finds the complaint to be true, or
if there is no objection to a report recommending a suspension, revocation
or nonrenewal, the license shall be suspended, revoked or not renewed
as provided by law. If the Common Council finds the complaint untrue,
the proceedings shall be dismissed without cost to the accused. The
Clerk-Treasurer shall give notice of each suspension, revocation or
nonrenewal to the party whose license is affected.
A.
HORSE-DRAWN VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any surrey, carriage, wagon, cart or similar device which
is pulled by one or more horses, for any purpose, which is operated
upon any public property or right-of-way.
B.
Rules and regulations.
(1)
Horses utilized to pull vehicles shall be in good health and sufficient
to safely accomplish said task.
(2)
Vehicles shall be in compliance with Ch. 347, Wis. Stats., with respect
to lamps and slow-moving vehicle signs.
(3)
Urine and fecal matter must be cleaned up promptly so as not to be
a nuisance or health hazard.
(4)
Operators may not obstruct vehicular or pedestrian traffic or create
a nuisance.
(5)
Operators may not operate any vehicle in excess of the weight and/or
passenger capacity which it is built to accommodate.
(6)
Operators shall obey the rules of the road for motor vehicles with
respect to the operation and parking of horse-drawn vehicles.
[Amended 4-14-2015 by Ord. No. 233]
A.
All places and structures wherein any animal, fowl or bird is kept
shall be maintained in a clean and sanitary condition and shall at
all times be subject to inspection and such reasonable regulation
as to its maintenance and location as the City agent may make.
[Amended 4-14-2015 by Ord. No. 233]
B.
It shall be unlawful for any person, except the visually or physically
handicapped, to cause or permit a dog to be on property, public or
private, not owned or possessed by such person unless such person
has in his immediate possession an appropriate device for scooping
excrement and an appropriate depository for the transmission of excrement
to a receptacle located upon property owned or possessed by such person.
C.
It shall be unlawful for any person, except the visually or physically
handicapped, who causes or permits any dog to be on any property,
public or private, not owned or possessed by such person to fail to
scoop and remove excrement left by such dog to a proper receptacle
located on property owned or possessed by such person.
[Amended 4-14-2015 by Ord. No. 233]
No person, firm, limited liability company, or corporation shall
sell, offer for sale, barter, display or give away baby chickens,
ducklings, or other fowl, under three weeks of age, or rabbits under
two months of age, as pets, toys, premiums or novelties, or to color,
dye, stain or otherwise change the natural color of said baby chickens,
ducklings or other fowl, or rabbits; or to bring or transport the
same into the City; provided, however, that this section shall not
be construed to prohibit the sale or display of said baby chickens,
ducklings, or other fowl, or said rabbits in proper facilities by
breeders or stores engaged in the business of selling for purposes
of commercial breeding or raising for food. It shall be the burden
of any person charged with a violation of this section to prove to
the satisfaction of the court in which such case is heard, the age,
at the time of the alleged violation, of said baby chickens, ducklings,
other fowl or rabbits.
A.
No person, firm, limited liability company or corporation shall maintain
or permit to be maintained on any property in the City an open loft
for pigeons.
B.
An "open loft" is defined to be a loft unattended by any person regulating
the entrance and exit of pigeons, and which permits any pigeon regardless
of ownership to enter and leave such loft freely at any time.
A.
It shall be unlawful to willfully or maliciously inflict unnecessary
or needless cruelty, torture, abuse or cruelly beat any animal, including
every act or omission or neglect whereby unnecessary or unjustifiable
pain, suffering or death shall be caused, whether belonging to himself
or another except that reasonable force may be employed to drive off
vicious or trespassing animals.
B.
It shall be unlawful to fail, or refuse, or neglect to provide any
animal in his charge with food, potable water, shade or shelter, or
cruelly expose any animal to hot, stormy, cold or inclement weather
or to carry any animal in or upon any vehicle in a cruel or inhumane
manner.
(1)
In this section, "shade" shall mean that protection from the direct
rays of the sun, during the months of June to September, inclusive,
shall be provided.
(2)
In this section, "shelter" shall mean a moistureproof structure of
suitable size to accommodate the animal and allow retention of body
heat, made of durable material with a solid floor raised at least
two inches from the ground and with the entrance covered by a flexible
windproof material. Such structure shall be provided with a sufficient
quantity of suitable bedding to provide insulation and protection
against cold and dampness.
A.
No person shall, within the corporate limits of the City, set or
operate any trap, device, or mechanism that is designed, built or
made to close upon, hold fast or otherwise capture an animal, other
than vermin, unless licensed to do so.
B.
This chapter shall not proscribe the use of "live" traps authorized
under § 29.337, Wis. Stats., relating to the live trapping
of certain animals by owners or occupants of land; use of live traps
under §§ 29.334, Wis. Stats., relating to relocation
of live, wild animals, and the use of live traps under § 29.885,
Wis. Stats., relating to the removal of wild animals causing damage.
A.
OWNER
PUBLIC PROPERTY
VICIOUS ANIMAL
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any person who may own, possess, harbor, keep or maintain
a vicious animal.
Any property owned or controlled by any unit of government
and open to the public, including streets, highways, sidewalks, rights-of-way,
public ways and malls.
Any animal that, when unprovoked, inflicts bites, injures, kills,
damages or attacks a human being or domestic animal on either public
or private property;
Any animal that has a propensity, tendency or disposition, known
to the owner thereof, to attack, without provocation, in a manner
which may cause death, injury, damage or which may otherwise endanger
the safety of any human being or domestic animal; or,
Any animal trained or used for fighting against another animal.
Exceptions.
No animal may be declared vicious if death, injury or damage
is sustained by a person who, at the time such was sustained, was
committing a criminal trespass upon premises occupied by the owner
of the animal, or was teasing, tormenting, abusing or assaulting the
animal or was committing or attempting to commit a crime or violating
or attempting to violate an ordinance which protects person or property.
No animal may be declared vicious if death, injury or damage
was sustained by a domestic animal which, at the time such was sustained,
was teasing, tormenting, abusing, or assaulting the animal.
No animal be declared vicious if the animal was protecting or
defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
No dog may be declared vicious for acts committed by said dog
while being utilized by a law enforcement agency for law enforcement
purposes while under the control and direction of a law enforcement
officer.
B.
Prohibition. No person shall own, possess, harbor, keep or maintain
a vicious animal contrary to the terms of this chapter.
C.
Impoundment and destruction. A vicious animal which is owned, possessed,
harbored, kept or maintained in violation of this chapter may be impounded
and destroyed by the City, or its agents at the expense of the owner,
following notice and an opportunity to be heard by the Police Chief.
Any person or party aggrieved by such decision of the Chief may appeal
such decision to the Common Council by filing a written notice of
appeal with the Clerk-Treasurer within five City business days of
receipt of a written order from the Chief. The vicious animal shall
be impounded, but not destroyed, until the time for appeal has expired
and until any timely appeal has been heard. A vicious animal shall
not be released without identifying the location where said vicious
animal will be kept upon release. The City elects not to be bound
by Ch. 68, Wis. Stats., with respect to administrative procedure.
D.
Sale or transfer of possession.
(1)
No person may sell or transfer possession of a vicious animal to
another person without first notifying the person to whom the vicious
animal is being sold or transferred, of the fact that such is a vicious
animal and of any requirements imposed upon the selling or transferring
party by this chapter.
(2)
No person may sell or transfer possession of a vicious animal to
another person without first notifying the Clerk-Treasurer thereof,
in writing, at least three days in advance of the sale or transfer
of possession.
A.
Statutes incorporated by reference. Section 95.21, Ch. 173, Ch. 174
and Ch. 951, Wis. Stats, are incorporated herein by reference.
B.
Humane officers, appointment. The Common Council may appoint City
employees or independent contractors or officers or employees of an
independent contractor as humane officers under § 173.03,
Wis. Stats., to perform animal control services for the City.
C.
Abatement of violations under § 173.11, Wis. Stats.
(1)
Issuance of order. If a Humane Officer or law enforcement officer, after investigation, has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause injury to an animal, the Humane Officer or law enforcement officer may issue and serve an order of abatement directed to named persons. An official designated under Subsection C(3) below to hold a hearing may not participate in the decision to issue the order or in any activity leading to that decision.
(2)
Content of order. An abatement order issued under Subsection C(1) above shall contain all of the following:
(3)
Hearing. Any person named in an abatement order issued under Subsection C(1) above may, within the ten-day period following service of the order, request a hearing before the Police Chief by filing a request for hearing with the Police Department at the City Hall/Police Department. The hearing shall be held within 10 days after the request is made unless the requestor agrees to a later date. The hearing shall be informal in nature.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan. Furthermore, any person who shall cause physical damage to or destroy any property shall be liable for the costs or replacing or repairing such damaged or destroyed property.
[Added 7-14-2020 by Ord. No. 260]
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 her/his 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.
No chicken may be kept at mobile homes, condominiums, apartment complexes,
duplexes, or any other multiple-family properties. 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. The City Clerk
or her/his designee shall review the plan with staff before issuing
the permit.
(4)
The applicant for a permit must notify all abutting property owners
of their intention to keep chickens prior to applying for a permit,
and the permit application must certify that all such property owners
have been notified. A list of all abutting property owners and their
addresses must be included with the permit application.
(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)
Inspection. The City shall have the power, whenever it may deem reasonably
necessary, to enter a building, structure or property where chickens
are kept to ascertain whether the keeper is in compliance with this
section.
(10)
Enforcement. Any City officer so designated by the Markesan
Common Council may issue compliance orders and citations pursuant
to the provisions of this section and state law. A permit may be revoked
by the Markesan Common Council for the following reasons:
(a)
Failure to comply with any of the provisions of this section.
(b)
Where the keeping of chickens is determined to create a nuisance as defined by Chapter 252 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)
Failing to notify all adjacent property owners regarding the
keeping of chickens.
(e)
Once revoked, a permit shall not be reissued for a two-year
period.
(11)
The City shall revoke a permit to keep chickens in the event
that the City has issued two or more violations of this section within
a six-month period. All chickens, coops and attached enclosures shall
be removed by permit holder within seven calendar days of any permit
revocation or nonrenewal.
(12)
Any applicant whose permit application has been denied or revoked
under the provisions of this section shall have the right to appeal
said denial to the Common Council.
(13)
Penalties. Any person who violates this section shall be subject to a forfeiture of not less than $100 nor more than $500 for the first violation and not less than $250 and not more than $750 for each subsequent violation. Each day that a violation of this section continues shall be deemed a separate violation. Any chickens found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment and may be removed from the City by City officials in the event that the owner or keeper fails to timely remove the chickens as required in Subsection C(11) above or as otherwise requested by the City. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling and veterinary care, necessitated by enforcement of this provision. The City shall have the right to abate the violation and the permit holder shall be responsible for any costs incurred by the City for the removal of the violation. Any costs for the abatement of the violation not paid by the permit holder, said costs shall be assessed against the permit holder's real estate as a special charge.
D.
Standards.
(1)
A total of four hens and/or pullets per lot shall be permitted; roosters
and crowing hens shall be prohibited.
(2)
The minimum size requirements for a henhouse (a henhouse is required)
is not less than three square feet of space per bird with a maximum
henhouse size of 16 square feet total. The henhouse must connect to
a secure and fully ventilated pen (also required) which contains not
less than seven square feet and not greater than 10 square feet per
bird. All henhouses and pens shall be enclosed with wire netting or
equivalent material that will prevent chickens from escaping. An appropriately
sized nesting box (also required) shall be provided at the rate of
not less than one box per every two birds. Pens shall be properly
sized as will permit full spread of the kept bird's(s') wingspan and
allow the bird(s) to walk/run.
(3)
Chickens shall be housed within a detached stationary structure used
exclusively to keep hens. One henhouse shall be permitted per lot.
Temporary and/or moveable devices and structures, including chicken
tractors, shall be prohibited.
(4)
All enclosures for the keeping of chickens must provide adequate
ventilation as well as sun protection, and be sanitary, insulated,
weatherproof and impermeable to rodents, wild birds, and predators,
including dogs and cats.
(5)
No chickens may be kept within a principal residence or garage.
(6)
Chicken feed shall be stored in containers which make the feed inaccessible
to rodents, vermin, wild birds and other predators.
(7)
No person shall keep chickens in any location on the property other
than in the backyard. Henhouses and chicken pens shall not be located
closer than 75 feet from the ordinary high water mark of any lake,
river, or stream.
(8)
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.
(9)
The slaughter of chickens shall be prohibited.
(10)
If a chicken appears ill or on occasion of a sudden death, a
veterinarian must be consulted. If a disease that would be contagious
to humans is diagnosed, recommendations to ensure prevention of transmission
of the disease must be followed as recommended by the veterinarian.
(11)
No henhouse or henhouse and outdoor run shall be located within
20 feet of any side and/or rear lot line, and/or be sited to obstruct
an existing drainage course or create a drainage problem for the property
on which it is situated or for any neighboring property.
(12)
Noise from chickens may not be loud enough at the property boundaries
to disturb a person of ordinary sensitivity. The henhouse and pen
system shall be properly designed, laid out on/over a hard surface
and maintained as will provide safe and healthy living conditions
for the chickens.
(13)
Enclosures must be kept in a sanitary condition at all times,
and exist in a manner that will not disturb the use or enjoyment of
neighboring lots due to noise, odor, or other adverse impact.
(14)
The henhouse shall be enclosed on all sides and have a roof
and doors. Access doors must be able to be shut at night. Opening
windows and vents must be covered with predator and bird-proof wire
or fence of no more than one-inch openings.
(15)
Provisions must be made for the routine removal and lawful disposal
of chicken manure in order to prevent any adverse effects related
to odor or unsanitary conditions.
(16)
Each calendar year there shall not be issued more than five
permits pursuant to this section.