[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as Title 7, Ch. 1, of the 1987 Code. Amendments noted where
applicable.]
[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.
A.
Rabies vaccination. 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 Trempealeau
after the dog has reached four months of age, the owner shall have
the dog vaccinated against rabies within 30 days after the dog is
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 that 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 name, 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, the
date that the immunization expires as specified for that type of vaccine
by the Centers for Disease Control and Prevention of the U.S. Department
of Health and Human Services and the Village.
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.
[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.
A.
Dogs and cats confined. If a district 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-Treasurer shall promptly post in at least three public
places in the Village notices of quarantine.
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 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
may kill a dog or cat only as a last resort if the owner agrees. 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 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)
Sacrifice 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 or 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 Trempealeau to own, harbor or keep any dog, cat or other animal
which:
[Amended 10-6-2022 by Ord. No. 3-2022]
(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.
(7)
In the case of a dog, is unlicensed.
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
section, 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. Any vicious dog which is found off the premises of its owner
other than as hereinabove provided may be seized by any person and,
upon delivery to the proper authorities, may, upon establishment to
the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after automobiles.
C.
Animals running at large.
(1)
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 any animal, whether licensed or unlicensed, shall keep his animal
tied or enclosed in a proper enclosure so as not to allow said animal
to interfere with the passing public or neighbors. Any animal running
at large unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a humane or law enforcement
officer.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash and under control or a person physically able to control
it.
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.
E.
Hen keeping. Keeping of up to four chickens per residence, provided
that:
[Amended 4-5-2010 by Ord. No. 3-2010]
(1)
No person shall keep any rooster.
(2)
No person shall slaughter any chickens.
(3)
The chickens shall be provided with a covered enclosure and must
be kept in the covered enclosure at all times.
(4)
No enclosure shall be located closer than 25 feet to any residential
structure on an adjacent lot.
F.
Temporary
keeping of goats; violations and penalties.
[Amended 10-6-2022 by Ord. No. 3-2022]
(1)
Purpose. The purpose of this section is to establish conditions under
which the temporary and periodic use of a limited number of goats
for invasive species and other weed control is permitted in all districts;
and to establish requirements for doing so to protect the health,
safety, and welfare of the general population of the Village of Trempealeau.
(2)
Goat keeping for the purpose of invasive species and other weed control
on property shall not exceed 30 days twice a year. No person shall
own, harbor, keep or maintain goats temporarily or otherwise on his
or her property within the Village without first obtaining a permit
approved by the Village Board.
(a)
Population density. There shall be a maximum of 15 goats for
lots less than one acre. For parcels in excess of one acre the permittee
shall submit a goat density plan as part of the application to exceed
the permit limit of 15 goats dependent on terrain.
(b)
Permit requirements. Each permit application shall contain or
have attached the following information: name, parcel number and address
of property owner(s); goat owner information; Wisconsin Department
of Agriculture Trade and Consumer Protection (DATCP) Premises registration
number for the primary premises where the goats are kept; certificate
of insurance, prescribed grazing site information, including a detailed
site plan identifying the location and dimension of grazing area and
signage to be used, and a detailed fence plan.
(c)
The contractor will maintain the physical and nutritional well-being
of the animals in the herd, including access to fresh water and minerals.
(4)
The property must be maintained in a clean and sanitary condition
that is free from offensive odors, fly breeding, dust and general
nuisance conditions.
(5)
The Village shall have no liability for any damage caused by goats
kept on a property pursuant to this section. Property owners and permittees
shall be jointly liable for damage caused by the goats kept pursuant
to permit issued in this section; not limited to property owned by
permittee liability extends to any other persons property and Village
property, including rights-of-way.
(6)
A permit is required. Permit issued allows the permit holder to temporarily
have up to 15 goats (or more if deemed necessary) for up to 30 consecutive
days for the purpose of invasive species or other weed control and
may be issued two permits in a calendar year. A second permit may
be issued no less than 30 days after the first permit expires. No
permit shall be issued prior to review by Village Administrator or
Village Clerk in his or her absence. Application for a permit should
be submitted with the fee as established in Village Fee Schedule.[2] Permit applicant shall be the property owner or tenant
with written consent of the property owner. If applicable, written
permission or statement by the applicant may be requested to ensure
that keeping goats on the property is consistent with any homeowners'
association bylaws or rules. Permit applicant shall notify all immediately
adjacent property owners of the brushing operation prior to its commencement.
No permit shall be issued if applicant is delinquent in paying any
claims owed to the Village.
[2]
Editor's Note: Said Fee Schedule is on file in the Village
offices.
A.
Animal control agency.
(1)
The Village of Trempealeau 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 impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of Trempealeau does hereby delegate 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, any police or humane 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
office must see or hear the violation of this section or have in his
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 humane officer,
the animal shall be impounded. The officer shall notify the owner,
personally or through the U.S. Mail, if such owner be known to the
officer or can be ascertained with reasonable effort, but if such
owner be unknown or unascertainable, the officer shall post written
notice in three public places in the Village, giving a description
of the animal, stating where it is impounded and the conditions for
its release, after the officer has taken such animal into his 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, if an animal before being impounded has bitten a
person, the animal shall be retained in the animal shelter for 14
days for observation purposes. Within such times, the owner may reclaim
the animal upon payment of impoundment fees, such fees to be established
by resolution of the Village Board. No animal shall be released from
the pound without being properly licensed if so required by state
law or Village ordinance.
D.
Sale of impounded animals. If the owner doesn't reclaim the animal
within seven days, the animal warden may sell the animal to any willing
buyer.
E.
Village not liable for impounding animals. 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.
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.
(3)
Endangered species.
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.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement 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.
(3)
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.
(4)
Whenever in the opinion of any such 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 shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of Cruelty Complaints, and § 173.24,
Wis. Stats., Expenses of Investigation, are hereby adopted by reference
and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner
of such animal cannot be located, the Village or any animal control
agency with whom the Village has an agreement or contract shall have
the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person
or organization for the costs of such treatment.
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.[1]
[1]
Editor's Note: Original Subsections (b), Leading animal from motor vehicle, (c), Use of poisonous and controlled substances (d), Use of certain devices prohibited, and (e), Shooting at caged or staked animals, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on land within the Village of Trempealeau, 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.
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 Chapter 29 of the Wisconsin Statutes as they relate to trapping.
D.
This section shall not apply to trapping within the confines of buildings
or homes.
E.
Nothing in this section shall prohibit or hinder the Village of Trempealeau
or its employees or agents from performing their official duties.
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.
A.
Purpose. The keeping of a large number of dogs within the Village
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.
FAMILY
RESIDENTIAL LOT
Definitions.
One or more persons.
A residential lot means a parcel of land zoned as residential,
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.[1]
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession more than three
dogs on any residential lot 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 eight weeks from birth. If more than one family
resides on a residential lot, then only a total of two dogs shall
be allowed on the residential lot unless the prior approval is obtained
from the Village Board. Dogs in excess of the number permitted by
this section being kept at the time of the adoption of this Code may
be maintained, but may not be replaced.[2]
(2)
The above requirement may be waived with the approval of the Village
Board or when a kennel license has been issued by the Village. Such
application for waiver shall first be made to the Village Clerk-Treasurer.
A.
It shall be unlawful for any person to establish or maintain any
hive, stand or box where bees are kept or keep any bees in or upon
any premises within the corporate limits of the Village unless the
bees are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary.
(2)
If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be provided on the
said premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of the state statutes.
B.
Nothing in this section shall be deemed or construed to prohibit
the keeping of bees in a hive, stand or box located within a school
or university building for the purpose of study or observation.
[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.
