[Amended 1-4-2016 by Ord.
No. 1-2016; 10-6-2022 by Ord. No. 3-2022]
The purpose of this chapter is to promote and protect the health,
safety, convenience and general welfare of the people of the Village
of Trempealeau. The provisions of this chapter shall be held to be
minimum requirements and shall not be deemed a limitation or repeal
of any other power granted by Wisconsin Statutes. Where any terms
or requirements of this chapter may be inconsistent or conflicting,
the more restrictive requirements or interpretations shall apply.
[Amended 10-6-2022 by Ord. No. 3-2022]
A. Dog licenses.
(1) It shall be unlawful for any person in the Village of Trempealeau
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. No license shall be issued without proof of current rabies
vaccination. The license fee(s) shall be paid when making the application.
Fees are set by the Village Board and reviewed annually.
(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 shall
obtain a license.
(3) All dog licenses shall be issued for one year commencing January
1 and ending December 31. A late fee shall be collected if the owner
fails to obtain a license prior to April 1 of each year or within
30 days of acquiring ownership of a licensable dog on or before the
date the dog reaches a licensable age.
(4) Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by §
181-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer 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.
(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 §
181-2E.
(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 Village police or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached. A citation may be issued for failure to license
as required by this chapter.
(7) Notwithstanding the foregoing, every dog trained as a service animal
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-Treasurer
upon application therefor.
B. 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 as set by the Village Board for a kennel of 10 or fewer dogs and an additional license fee for each dog in excess of 10. 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-Treasurer 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 after a conditional use permit has been issued pursuant to Chapter
520, Zoning.
(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 in leash or temporarily for the purposes
of hunting, breeding, trial, training or competition.
(3) The term "kennel" means any establishment wherein or whereon more
than three 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.
The Village Health Officer or other designated official shall investigate
any complaints regarding the failure to maintain proper standards
or investigate any kennel premises upon his own initiative. Expressly
incorporated by reference in this section as minimum standards for
kennel keepers or operator are the relevant provisions of Chapter
951 of the Wisconsin Statutes.
[Amended 10-6-2022 by Ord. No. 3-2022]
The Village Clerk-Treasurer shall assess and collect a late
fee as established by the Village Board 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.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained as a service animal shall be exempt from 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 Police Department and shall keep such dog
or cat confined for not less than 14 days or for such period of time
as the Police Department shall direct. 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.
The owner or person in charge of any dog or other animal shall
not permit solid fecal matter of such animal to deposit on any street,
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.
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, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
[Amended 2-3-2003]
It shall be unlawful for any person to knowingly 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.
[Amended 1-4-2016 by Ord.
No. 1-2016; 10-6-2022 by Ord. No. 3-2022]
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 Niger), vicuna (vicugna vicugna), or alligator, caiman
or crocodile of the order of Crocodilia, gray or timber wolf (Canis
lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), Mexican ridley
turtle (Lepidochelys kempi).
(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.
(4) Exceptions. The provisions of this 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 Collectors Permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
B. Prohibited animals. Unless expressly authorized elsewhere in this
chapter, it shall be unlawful for any person to own, keep, harbor
or have custody of any of the following on any property or in any
residence, household or dwelling unit within the Village:
(1) Any poisonous or dangerous carnivorous animal or reptile, herbivorous
animal or reptile, any vicious or exotic animal or any other animal
of violent propensities, including, but not limited to, all poisonous
snakes, constrictor snakes six feet or more in length, pythons (rock,
reticulated, and scrub), green anacondas, pigeons, nonhuman primates,
wild feline species, including exotic cat crossbreeds, wolves or hybrid
dogs that are part wolf, poisonous insects, arachnids, or any wild
animal as defined under § 169.01(37), Wis. Stats.
(2) Farm animals (i.e., horses, mules, ponies, llamas, alpacas, donkeys,
cows, pigs, goats, sheep, or other similar domestic farm animals)
shall not be permitted unless otherwise allowed by other provisions
in the Village Code of Ordinances.
(4) Animals not listed in this section shall be prohibited, unless similar to those listed below in Subsection
C or as individually approved by the Village Board.
C. Exempted animals.
(1) This section shall not include up to five per property or residential
unit of captive-bred and domesticated species of rodents, turtles,
ferrets, rabbits, lizards, frogs, chinchillas, hedgehogs, hamsters,
guinea pigs, gerbils, mice and rats and nonpoisonous, non-constricting
snakes. An individual may have more than five as a result of breeding,
provided such babies may only be kept for up to four months after
birth.
(2) This section shall not apply to animals kept for research purposes
by a recognized research institution, injured animals in the care,
custody or control of a veterinary clinic or humane society for recuperation
and rehabilitation, or animals brought into the Village for temporary
exhibition in a circus or wildlife exhibit; 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; or zoological gardens.
No person except a police officer or health or humane officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs. This section does not apply to any lawful trapping under §
181-16, including the killing of animals so trapped.
The operator of any vehicle involved in an accident resulting
in injury to or death of a dog, cat or other animal which appears
to be a pet shall immediately notify the Police Department or an animal
control agency whose jurisdiction extends into the Village.
[Amended 1-4-2016 by Ord.
No. 1-2016; 10-6-2022 by Ord. No. 3-2022]
A. Any person violating §
181-14,
181-15,
181-16,
181-17,
181-18 or
181-19 shall be subject to a forfeiture of not less than $100 and not more than $300. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B. Anyone who violates §
181-1,
181-3,
181-4 and
181-5 of this chapter or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $50 and not more than $100 for the first offense and not less than $200 and not more than $500 for any subsequent offenses. An owner who fails to have a dog vaccinated against rabies as required in §
181-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.
C. An owner who refuses to comply with an order issued under §
181-5 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 subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
D. Any person who violates §
181-6 through
181-13 of this chapter shall be subject to a forfeiture of not less than $50 and not more than $200 for the first violation and not less than $100 and not more than $500 for subsequent violations.