[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 1, of the 2000
Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person, either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
An animal kept and treated as a pet.
A.
Rabies vaccination required. The owner of a dog shall have the dog
vaccinated against rabies by a veterinarian at no later than five
months of age and revaccinated within one year after the initial vaccination.
If the owner obtains the dog or brings the dog into the Village of
East Troy after the dog has reached five months of age, the owner
shall have the dog vaccinated against rabies within 30 days after
the dog is obtained or brought into the Village, unless the dog has
been vaccinated as evidenced by a current certificate of rabies vaccination.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date of initial immunization expires
as stated on the certificate of vaccination or, if no date is specified,
within three years after the previous vaccination. The certificate
of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Village, stating the owner's name and
address, the dog's name and sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, the date of the vaccination, the type
of rabies vaccination administered and the manufacturer's serial
number and the date that the immunization expires as specified for
that type of vaccine by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services.[2]
C.
Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given, and the name, address and telephone
number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors, or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner, in place of the original
tag, upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of East Troy to
own, harbor or keep any dog more than five months of age without complying
with the provisions of §§ 174.05 through 174.10, Wis.
Stats., relating to the listing, licensing and tagging of the same.
(2)
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license tax and obtain a license.
(3)
The license tax shall be set by the Village Board. The license year
shall commence January 1 and end December 31.
[Amended 9-17-2012 by Ord. No. 2012-07; 6-15-2015 by Ord. No. 2015-02]
(4)
Upon payment of the required license tax and upon presentation of
evidence that the dog is currently immunized against rabies, as required
by § 189-2 of this chapter, the Village Clerk shall
complete and issue to the owner a license for such dog containing
all information required by state law. The Village Clerk shall
also deliver to the owner, at the time of issuance of the license,
a tag of durable material bearing the same serial number as the license,
the name of the county in which issued and the license year.
[Amended 12-16-2019 by Ord. No. 2019-02]
(5)
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 189-2E.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Clerk upon application therefor.
[Amended 12-16-2019 by Ord. No. 2019-02]
B.
Application for dog license.
(1)
Application for a dog license shall be made to the Village Clerk or
other proper officer of the Village and shall be accompanied by the
proper fee. Application forms shall be provided and shall include
the following information:
[Amended 12-16-2019 by Ord. No. 2019-02]
(a)
The full name, address and telephone number of the applicant.
(b)
A description of the dog to be licensed.
(c)
Required fee.
(d)
If the dog is altered, written proof thereof signed by a veterinarian.
(e)
A certificate of rabies vaccination issued by a licensed veterinarian.
No license shall be issued for any dog unless such inoculation certificate
bears a date within one year prior to the date of application for
license.
(2)
In addition, Lakeland Animal Welfare Society, Inc., and its authorized
employees are hereby designated as proper collecting officials of
the licenses and collar tags pursuant to § 174.07, Wis.
Stats.
(3)
Lakeland Animal Welfare Society, Inc., shall remit all license fees
and license blanks to the Village Clerk, as directed by the Village.
[Amended 12-16-2019 by Ord. No. 2019-02]
C.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead of the license
tax for each dog required by this chapter, apply for a kennel license
for the keeping or operating of the kennel. Such person shall pay
for the license year a license tax set by the Village Board. Upon
payment of the required kennel license tax and, if required by the
Village Board, upon presentation of evidence that all dogs over five
months of age are currently immunized against rabies, the Village Clerk shall
issue the kennel license and a number of tags equal to the number
of dogs authorized to be kept in the kennel. Kennels may only be located
in residential areas following a public hearing and approval by the
Village Board; the Board may attach conditions to such approval as
a conditional use under Chapter 510, Zoning, of this Code.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
(2)
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a kennel license, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors, or to a dog securely confined in a fenced area.
These tags may be transferred from one dog to another within the kennel
whenever any dog is removed from the kennel. The rabies vaccination
tag or substitute tag shall remain attached to the dog for which it
is issued at all times, but this requirement does not apply to a show
dog during competition, to a dog securely confined indoors, or to
a dog securely confined in a fenced area. No dog bearing a kennel
tag shall be permitted to stray or to be taken anywhere outside the
limits of the kennel unless the dog is on a leash, or temporarily
for the purposes of hunting, breeding, trial, training or competition.
(3)
The term "kennel" means any establishment wherein or whereon four
or more dogs are kept.
(4)
No kennel license shall be issued to the keeper or operator of a
kennel who fails to provide proper food and drink and proper shelter
for the dogs in said kennel or who neglects or abandons said dogs.
Designated officials shall investigate any complaints regarding the
failure to maintain proper standards or investigate any kennel premises
upon their own initiative. Expressly incorporated by reference in
this section as minimum standards for kennel keepers or operators
are the relevant provisions of Ch. 951, Wis. Stats.
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
Village officials without any warrant, and the application for a license
hereunder shall be deemed a consent to this provision. Any refusal
to permit such inspection shall automatically operate as a revocation
of any license issued hereunder and shall be deemed a violation of
this section. Should any kennel be found to constitute a public nuisance,
the license shall be revoked and the nuisance abated pursuant to Village
ordinances.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
The Village Clerk shall assess a a late fee set by the
Village Board to be collected by the Village Treasurer from 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. Said late fee
shall be charged in addition to the required license fee.
A.
Dogs and cats confined. If the Village is quarantined for rabies,
all dogs and cats within the Village shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat not confined, tied, leashed
or muzzled is declared a public nuisance and may be impounded. All
officers shall cooperate in the enforcement of the quarantine. The
Village Clerk shall promptly post, in at least three public
places in the Village, notices of quarantine.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
B.
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer or animal warden
shall order a dog or cat quarantined if the officer has reason to
believe that the animal bit a person, is infected with rabies, or
has been in contact with a rabid animal. If a quarantine cannot be
imposed because the dog or cat cannot be captured, the officer may
kill the animal. The officer shall attempt to kill the animal in a
humane manner and in a manner which avoids damage to the animal's
head.
(2)
Sacrifice of other animals. An officer may order killed or may kill
an animal other than a dog or cat if the officer has reason to believe
that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An officer or animal warden who orders a dog or cat to be quarantined
shall deliver the animal or shall order the animal delivered to an
isolation facility as soon as possible, but no later than 24 hours
after the original order is issued, or the officer may order the animal
to be quarantined on the premises of the owner if the animal is immunized
currently against rabies, as evidenced by a valid certificate of rabies
vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. In this subsection,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation,
and on one intervening day. If the observation period is not extended
and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal,
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal,
but if the dog or cat is immunized against rabies, the custodian of
an isolation facility or the owner shall keep the animal leashed or
confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)
Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined, and
the officer or veterinarian shall kill the animal in a humane manner
and in a manner which avoids damage to the animal's head. If
the dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory of Hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or local health department. The veterinarian or local health department
shall prepare the carcass, properly prepare and package the head of
the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to
the State Laboratory of Hygiene, and dispose of or arrange for the
disposal of the remainder of the carcass in a manner which minimizes
the risk of exposure to any rabies virus. The Laboratory of Hygiene
shall examine the specimen and determine if the animal was infected
with rabies. The State Laboratory of Hygiene shall notify the Village,
the veterinarian or local health department which prepared the carcass
and, if the animal is suspected to have bitten a person, that person
or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian who is requested
to be involved in the rabies control program by an officer is encouraged
to cooperate in a professional capacity with the Village, the Laboratory
of Hygiene, the local health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's
physician.
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination, and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the Village
of East Troy to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
inflicts serious injury to one person in unprovoked circumstances
off the owner's premises.
(2)
No person shall harbor or permit to remain on his/her premises any
animal that is habitually inclined towards attacking persons or animals,
destroying property, barking excessively or making excessive noises
or running after automobiles.
C.
Animals running at large. No person having in his possession or ownership
any animal or fowl shall allow the same to run at large within the
Village. The owner of an animal, whether licensed or unlicensed, shall
keep his animal from interfering with the passing public or neighbors.
Any animal running at large not licensed, unattended and required
by state law or Village ordinance to be licensed shall be seized and
impounded by a humane or law enforcement officer or animal warden.
D.
Owner's liability for damage caused by dogs; penalties. The
provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs, together with the penalties therein
set forth, are hereby adopted and incorporated herein by reference.
A.
Animal control agency.
(1)
The Village of East Troy may contract with, or enter into an agreement
with, such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impounded animals,
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of East Troy does hereby delegate to any such animal
control agency the authority to act pursuant to the provisions of
this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, a law enforcement or animal control
officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this Village,
assaults or attacks any person, is at large within the Village, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his/her possession a signed statement of a complaining
witness made under oath alleging the facts regarding the violation
and containing an agreement to reimburse the Village for any damages
it sustains for improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the U.S. Mail, if such owner is known
to the officer or can be ascertained with reasonable effort, but if
such owner is unknown or unascertainable, the officer shall post written
notice in three public places in the Village, giving a description
of the animal and stating where it is impounded and the conditions
for its release, after the officer or warden has taken such animal
into his/her possession. If, within seven days after such notice,
the owner does not claim such animal, the officer may dispose of the
animal in a proper and humane manner, provided that, if an animal
before being impounded has bitten a person, the animal shall be retained
in the animal shelter for 10 days for observation purposes. Within
such time, the owner may reclaim the animal upon payment of impoundment
fees as established by resolution of the Village Board. No animal
shall be released from impoundment without being properly licensed
if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the animal control officer may sell the animal
to any willing buyer.
E.
Village not liable. The Village and/or its animal control agency
shall not be liable for the death of any animal which has been impounded
or disposed of pursuant to this section.
Every owner or person harboring or keeping a dog or cat, who
knows that such dog or cat has bitten any person, shall immediately
report such fact to the Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
A.
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, or other animal shall not permit solid fecal matter of
such animal to deposit on any street, sidewalk, alley or other public
or private property, unless such matter is immediately removed therefrom
by said owner or person in charge. This section shall not apply to
a person who is visually or physically handicapped.
B.
Accumulation of fecal matter prohibited in private yards. The owner
or person in charge of a dog or cat must also prevent accumulation
of animal waste on his own property, by regularly patrolling and properly
disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls, to the great discomfort of the peace and quiet of
the neighborhood, or in such manner as to materially disturb or annoy
persons in the neighborhood who are of ordinary sensibilities. Such
dogs and cats are hereby declared to be a public nuisance. A dog or
cat is considered to be in violation of this section when two formal,
written complaints are filed with the Village Police Department within
a four-week period.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family Felidae, polar bear (Thalarctos maritimus),
red wolf (Canis rufus), vicuna (Vicugna), gray or timber wolf (Canis
lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), or Mexican ridley
turtle (Lepidochelys kempii).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected
for use by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his/her possession or under his/her
control, within the Village, any poisonous reptile or any other dangerous
or carnivorous wild animal, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his/her possession or under
his/her control, within the Village, any of the following animals,
reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papio, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae). Includes all members of the deer family; for
example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Ferret.
(13)
Game cocks and other fighting birds.
(14)
Hippopotami (Hippopotamidae).
(15)
Hyenas (Hyaenidae).
(16)
Jaguars (Panthera onca).
(17)
Leopards (Panthera pardus).
(18)
Lions (Panthera leo).
(19)
Lynxes (Lynx).
(20)
Monkeys, old world (Cercopithecidae).
(21)
Ostriches (Struthio).
(22)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocerotidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
D.
Exceptions. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
A.
LIVESTOCK
NONAGRICULTURAL AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any wild or domestic animal normally used or raised on a
farm, including specifically, but not exclusively, horses, cattle,
mules, sheep, goats, swine, chickens, ducks, turkeys, mink and pigeons,
but does not include cats or dogs or small animals kept exclusively
in the home.
Any area not zoned in an agricultural classification.
B.
Restrictions. No person shall keep or allow the keeping, or lease
property for the keeping, of livestock within the Village in any nonagricultural
area.
C.
Exception for chickens. The raising and keeping of chickens is permitted
where the principal structure is a detached single-family residence
on the following conditions:
[Added 10-7-2013 by Ord.
No. 2013-06]
(1)
License.
(a)
Prior to the keeping chickens, the owner or occupant must first obtain
a license issued by the Village and pay the license fee which shall
be set, from time to time, by motion and passage of the Village Board
of Trustees.
(b)
If the residence is not owner-occupied, the tenant shall obtain the
owner's consent to the keeping of chickens on the property and provide
a copy to the Village upon application for a license.
(c)
Prior to issuance of a license, the applicant shall provide proof
of livestock premises registration with the Wisconsin Department of
Agriculture, Trade and Consumer Protection.
(d)
The license may be revoked if there are two or more violations of
this subsection within a twelve-month period.
(2)
Number
of chickens. No more than four chickens may be kept per residential
lot.
(3)
Roosters.
Keeping of roosters is prohibited.
(4)
Sale.
The sale of chickens, chicken meat, eggs or other chicken by-products
is prohibited without approval of the Walworth County Department of
Health and Human Services and the Wisconsin Department of Agriculture,
Trade and Consumer Protection.[1]
(5)
Chicken
coop and run required.
(a)
Chickens shall be provided with a chicken coop (i.e., a covered roosting
area) and an adjacent covered chicken run.
(b)
The coop shall be a stand alone structure located in the rear yard
at least 25 feet from all property lines and at least 10 feet from
the principal structure.
(c)
The coop shall not exceed 32 square feet in area nor 10 feet in height.
(d)
The chicken run shall be located adjacent to the coop and shall be
at least 25 feet from all property lines.
(e)
The chicken run shall not exceed 64 square feet in area, and the
fence surrounding it shall be between 48 and 96 inches in height.
(f)
Chickens shall not be permitted in any other structure on the lot,
including but not limited to garages, basements and attics.
(6)
Accessory structure. The chicken coop and run shall not be considered an accessory structure under Chapter 510, Zoning, of this Code.
(7)
Penalties. Violation of this subsection shall be subject to the penalties found in § 1-4 of this Code.[2]
[2]
Editor's Note: Original § 7-1-13, Sale of rabbits, chicks or artificially colored animals, § 7-1-14, Providing proper food and drink to confined animals, and § 7-1-15, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 951.10, 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in § 366-1 of this Code.
A.
No person may abandon any animal.
B.
Any law enforcement or animal control officer may remove, shelter
and care for an animal found to be cruelly exposed to the weather,
starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person
to be sheltered, cared for and given medical attention, if necessary.
In all cases, the owner, if known, shall be immediately notified and
such officer or other person having possession of the animal shall
have a lien thereon for its care, keeping and medical attention and
the expense of notice.
C.
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.
D.
Whenever, in the opinion of any officer, an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he/she shall prove that such killing was unwarranted.
E.
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, of the Wisconsin Statutes are hereby adopted
by reference and made a part of this chapter.
No person except a law enforcement or animal control officer
in the pursuit of his/her duties shall, within the Village, shoot
or kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
A.
Purpose. The keeping of a large number of dogs within the Village
of East Troy for a considerable period of time detracts from and,
in many instances, is detrimental to healthful and comfortable life
in such areas. The keeping of a large number of dogs is, therefore,
declared a public nuisance.
B.
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
A parcel of land occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose
of this section, any vacant parcel or parcels adjoining a dwelling
and under the same ownership shall constitute one lot.
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession more than three
dogs in any residential unit without the prior approval of the Village
Board, except that a litter of pups or a portion of a litter may be
kept for not more than 10 weeks from birth. If more than one family
resides on a residential lot, then only three dogs shall be allowed
in each residential unit unless the prior approval is obtained from
the Village Board.
A.
In the interest of public health and safety, it shall be unlawful
for any person within the Village of East Troy to set, place or tend
any trap for the purpose of trapping, killing, catching, wounding,
worrying or molesting any animal, except by use of live box-type traps
only. Live box-type traps shall be defined as those traps which capture
and hold an animal in an alive and unharmed condition. Live box traps
shall not be used to trap animals for inhumane, cruel or killing purposes.
B.
This section shall prohibit the use of all traps other than live
traps as described above, including but not limited to traps commonly
known as leg traps, pan-type traps or other traps designed to kill,
wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with Ch. 29, Wis.
Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private property.
A.
Any person violating § 189-14, 189-15, 189-16 or 189-17 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Anyone who violates §§ 189-1, 189-2, 189-3, 189-4 and 189-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who refuses to comply with an order issued under § 189-5 to deliver an animal to an officer, isolation facility or veterinarian, or who does not comply with the conditions of an order that an animal be quarantined, shall be fined not less than $100 nor more than $1,000.[1]
C.
Any person who violates §§ 189-6 through 189-13 of this chapter shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations. Each day of violation is a separate violation, and a forfeiture may be assessed for each day the violation continues.
