City of Markesan, WI Animals

On private property without consent; or

On public property without restraint and control; or

Not secured in a vehicle; or

On a leash which reaches within two feet of a public walk.

DANGEROUS DOG

Any dog which:

Has, without provocation or extenuating circumstances, inflicted severe bodily harm on a human being or domestic animal; or

POTENTIALLY DANGEROUS DOG

Has previously been classified as a potentially dangerous dog and exhibits escalating behavior which endangers the safety of a human or domestic animal.

DOG

Any domesticated canine (Canis familiaris).

OWNER

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.

SEVERE BODILY HARM

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.

Dangerous dog.

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.

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.

The owner of a dangerous dog, as defined by this section, shall:

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;

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;

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;

Persons found in violation of the above said sections for keeping a dangerous dog shall be penalized by a forfeiture as set forth in Subsection E below.

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.

Potentially dangerous dog.

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.

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.

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.

Owners or persons found in violation of the regulations for keeping a potentially dangerous dog shall be penalized as set forth in Subsection E below.

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:

A dog utilized by law enforcement in performance of duties.

A dog defending itself, its young, its owner or any other person from an attack.

Result of a willful trespass or attempt to commit a crime.

Harassing or engaging in conduct reasonably calculated to provoke the dog to attack.

Penalties.

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.

VACCINATION AGAINST RABIES

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.

§ 107-5 Impoundment.

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.

§ 107-6 Rabies control.

Definitions. For the purpose of this section, the following definitions shall apply:

ANIMAL

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.

VETERINARIAN

A practitioner of veterinary medicine who is duly licensed by the state.

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.

Duties of veterinarian.

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]

Owner's name and address.

Description of dog or cat, including breed, sex, markings, age and name.

Date of vaccination.

Rabies vaccination tag number.

Type of rabies vaccine administered.

(f)

Manufacturer's serial number of vaccine.

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]

Vaccination cost. The cost of a rabies vaccination shall be borne by the owner of the dog or cat.

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.

Duty upon animal biting or scratching a natural person.

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.

Notice to owner.

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.

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.

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]

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:

Pursuant to the examination in Subsection F(1) above, the veterinarian determines that the animal exhibits abnormal symptoms, signs or behavior; or

If the animal was not vaccinated pursuant to Subsection B above. The cost of such confinement shall be paid by the owner.

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.

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.

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.

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.

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.

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.

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.

The City may cause any dog impounded pursuant to Subsection F(5) and (6) above to be vaccinated against rabies while such dog is impounded if such dog has not been and is required to be vaccinated under Subsection B above.

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:

Unvaccinated dogs or cats.

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.

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.

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:

Immediately revaccinated and confined for a period of 60 days following revaccination;

If the dog or cat is not immediately revaccinated, the dog or cat shall be confined in strict isolation in a kennel for six months under the supervision of a veterinarian; or

The dog or cat shall be destroyed if the owner does not comply with Subsection G(2)(a) and (b) above.

Impoundment of dogs without a valid rabies vaccination tag.

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.

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.

Enforcement.

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.

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.

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.

§ 107-7 Limitation on number of dogs and cats per residentially zoned lot.

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.

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.

Exemption.

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:

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.

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.

The premises upon which the dogs and/or cats are kept is maintained in accordance with § 107-8 of this chapter, and said compliance is demonstrated to City personnel empowered to enforce this chapter upon request.

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.

§ 107-8 Maintenance of sanitary conditions.

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.

§ 107-9 Kennels and pet shops.

Definitions. The following definitions shall apply to the terms and words used in this section:

ENCLOSURE

A separate enclosure or cage which segregates one animal from another animal or animals.

KENNELS

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]

PET ANIMAL

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:

Any hoofed animal.

Any animal in a zoo, exhibition or fair authorized by this Code.

Any animal which is held for use in bona fide scientific research.

PET SHOP

A retail or wholesale business offering for sale pet animals, excluding commercial kennels.

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.

License application.

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.

No license or renewal thereof shall be issued hereunder until:

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.

There is an adequate means of restraining animals from running at large or disturbing the peace.

The proposed facilities are located in an appropriate zone under Chapter 400, Zoning, of the Code of the City of Markesan, but not in a residential district.

The proposed facilities are in compliance with Chapter 115, Building Construction, of the Code of the City of Markesan, and fire regulations, as verified by authorized representatives of enforcing departments.

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.

When issued, a license shall be displayed in a manner and at a location so as to be readily visible by the public.

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.

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]

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.

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]

General facility standards. All licensed premises shall provide the following:

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.

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.

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.

Washrooms and sinks. Facilities such as washrooms, basins or sinks shall be provided to maintain cleanliness among caretakers.

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.

Vicious animals. Vicious animals, as defined in this chapter, shall not be kept on licensed premises.

Indoor facility standards.

In addition to the requirements of Subsection G above, indoor facilities licensed hereunder shall provide the following:

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.

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.

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.

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.

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.

Subsection H(1)(c) above shall not apply to noncommercial kennels.

Outdoor facility standards. In addition to the standards required under Subsection G above, outdoor facilities licensed hereunder shall provide the following:

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.

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.

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.

Drainage. A suitable method shall be provided to rapidly eliminate excess water.

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.

Individual enclosures. Individual enclosures shall not be required for noncommercial kennels.

Enclosures. Enclosures shall:

Not be required for noncommercial kennels.

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.

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.

Be used for housing not more than one pet animal unless requested by the owners of each pet animal housed therein.

Subsection J(3) and (4) above shall not apply to pet animals being housed for medical or grooming purposes, or for less than 72 hours.

Sanitation/cleaning of enclosures.

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.

Enclosures, rooms, hard-surfaced pens and runs shall be cleaned by washing all soiled surfaces with a safe and effective disinfectant.

Pens and runs shall be constructed of concrete, asphalt or impervious material, or other material approved by the City agent or his designee.

An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem exists.

Feeding.

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.

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.

Enforcement.

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.

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.

Suspension, revocation or denial of renewal of license.

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.

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.

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.

§ 107-10 Certain animals prohibited; fowls regulated; poultry ranches.

Animals.

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]

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.

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]

Fowl.

Definitions. As used in this subsection, the following terms shall have the meaning indicated:

POULTRY RANCH

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.

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]

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]

Regulations.

The licensee shall not knowingly permit any live fowl within 125 feet of the boundaries of the premises.

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.

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.

VIETNAMESE POTBELLIED PIG

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.

§ 107-11 Vietnamese potbellied pig license.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CITY AGENT

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.

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]

License and application.

No licenses or renewal thereof shall be issued hereunder until:

A certificate of purebred registration is filed with the Clerk-Treasurer.

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]

There is an adequate means of restraining animals from running at large or disturbing the peace.

The proposed facilities are in compliance with the Building Code and fire regulations, as verified by authorized representatives of enforcing departments.

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.

The Common Council shall license the premises only for one Vietnamese potbellied pig.

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.

Records. The Clerk-Treasurer shall retain a copy of the application and license for his/her files.

License requirement. Licensees shall comply with the following as a condition of obtaining and maintaining a license:

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.

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.

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.

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.

An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem exists.

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.

Animals may not be permitted to exceed 100 pounds in weight.

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:

The animal's weight.

The animal has received all recommended vaccinations and boosters.

The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.

The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.

The animal has been spayed or neutered.

(f)

The animal has passed a pseudorabies test administered in accordance with Wis. Adm. Code ATCP 10.

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.

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.

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.

Animals may be imported, sold and exhibited only in accordance with state law.

[Amended 4-14-2015 by Ord. No. 233]

Enforcement.

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.

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.

Suspension, revocation or denial of renewal of license.

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.

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.

§ 107-12 Horse-drawn vehicles and other animal-drawn vehicles.

Definitions. As used in this section, the following terms shall have the meanings indicated:

HORSE-DRAWN VEHICLE

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.

Rules and regulations.

Horses utilized to pull vehicles shall be in good health and sufficient to safely accomplish said task.

Vehicles shall be in compliance with Ch. 347, Wis. Stats., with respect to lamps and slow-moving vehicle signs.

Urine and fecal matter must be cleaned up promptly so as not to be a nuisance or health hazard.

Operators may not obstruct vehicular or pedestrian traffic or create a nuisance.

Operators may not operate any vehicle in excess of the weight and/or passenger capacity which it is built to accommodate.

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]

Other ordinances. Nothing in this chapter shall permit horses to be kept, bred or boarded within the City contrary to § 107-10 of this chapter, although horses drawing vehicles may be fed in the City during periods of operation.

§ 107-13 Sanitation.

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]

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.

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]

§ 107-14 Sale of baby chicks, ducklings and rabbits.

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.

§ 107-15 Open lofts for pigeons.

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.

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.

The prohibition in Subsection A above shall not apply to racing lofts and racing pigeons, and said prohibition shall not apply or affect the basic rudiments of racing pigeon training.

§ 107-16 Cruelty to animals.

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.

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.

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.

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.

§ 107-17 Trapping.

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.

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.

§ 107-18 Vicious animals.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

OWNER

Any person who may own, possess, harbor, keep or maintain a vicious animal.

PUBLIC PROPERTY

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.

VICIOUS ANIMAL

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.

Prohibition. No person shall own, possess, harbor, keep or maintain a vicious animal contrary to the terms of this chapter.

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.

Sale or transfer of possession.

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.

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.

§ 107-19 Incorporation of statutes; enforcement; humane officers.

Statutes incorporated by reference. Section 95.21, Ch. 173, Ch. 174 and Ch. 951, Wis. Stats, are incorporated herein by reference.

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.

Abatement of violations under § 173.11, Wis. Stats.

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.

Content of order. An abatement order issued under Subsection C(1) above shall contain all of the following:

The name and address of the person to whom directed.

The statute or ordinance alleged to be violated.

A prohibition on further violations.

A description of measures necessary to correct the alleged violation.

A description of the hearing and appeal provisions under Subsection C(3) and (4) below.

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.

Decision. Within 10 days after a hearing under Subsection C(3) above, the official who conducts the hearing shall affirm the order, modify and affirm the order, or withdraw the order.

Appeal. Any person adversely affected by a decision under Subsection C(4) above may seek judicial review by commencing an action in Lakeside Municipal Court within 30 days after the day that the decision is issued.

[Amended 4-14-2015 by Ord. No. 233]

§ 107-20 Violations and penalties.

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.

§ 107-21 Keeping of chickens.

[Added 7-14-2020 by Ord. No. 260]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CHICKEN

A female hen or pullet.

CHICKEN TRACTOR

A movable chicken coop lacking a floor.

HENHOUSE/COOP

A structure where chickens are kept.

ROOSTER

A male domestic fowl older than three months.

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.

Permit.

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.

The permit application shall include proof of registration with the Wisconsin Department of Agriculture, Trade and Consumer Protection pursuant to § 95.51, Wis. Stats.

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.

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.

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.

The permit information shall be attached to the henhouse, which shall include a name, permit number and an emergency contact telephone number.

Permit, late fee and renewal fees shall be paid in accordance with the fee schedule set by resolution of the City Council.

A permit shall expire at such time as the permittee no longer maintains chickens at the permitted address.

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.

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:

Failure to comply with any of the provisions of this section.

Where the keeping of chickens is determined to create a nuisance as defined by Chapter 252 of the Code.

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.

Failing to notify all adjacent property owners regarding the keeping of chickens.

Once revoked, a permit shall not be reissued for a two-year period.

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.

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.

Standards.

A total of four hens and/or pullets per lot shall be permitted; roosters and crowing hens shall be prohibited.

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.

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.

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.

No chickens may be kept within a principal residence or garage.

Chicken feed shall be stored in containers which make the feed inaccessible to rodents, vermin, wild birds and other predators.

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.

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.

The slaughter of chickens shall be prohibited.

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.

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.