[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 7, Ch. 1, of the 1997 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.
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 definition.
An animal kept and treated as a pet.
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
A.
Rabies vaccination. The owner of a dog or cat shall have the dog
or cat 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 cat or brings the dog
or cat into the City of Fox Lake after the dog or cat has reached
five months of age, the owner shall have the dog or cat vaccinated
against rabies within 30 days after the dog or cat is brought into
the City unless the dog or cat has been vaccinated as evidenced by
a current certificate of rabies vaccination. The owner of a dog or
cat shall have the dog or cat revaccinated against rabies by a veterinarian
before the date that 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 or cat 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 City stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog or cat, 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 City of
Fox Lake.[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 or cat
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 or cat at all times, but this requirement does not apply to a dog or cat during competition or training, to a dog or cat while hunting, to a dog or cat securely confined indoors or to a dog or cat 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 or cat 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 or cat licenses.
(1)
It shall be unlawful for any person in the City of Fox Lake to own,
harbor or keep any dog or cat 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 or cat 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 or cat becomes five months
of age, pay a license tax and obtain a license.
(3)
The minimum state license tax under this section shall be charged
in accordance with § 174.05, Wis. Stats., as amended. An
additional City tax pursuant to § 174.05, Wis. Stats., shall
be paid on each dog or cat license issued and the amount of City tax
shall not exceed the total cost of all dog or cat licensing, regulating
and impounding activities for the previous year, less any refund which
may be received under § 174.09(2), Wis. Stats. The license
year commences on January 1 and ends on the following December 31.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 197-2 of this chapter, the City Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state law. The City 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.[1]
(5)
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog or cat for which the license is issued at all times, except as provided in § 197-2E.
(6)
The fact that a dog or cat is without a tag attached to the dog or
cat by means of a collar shall be presumptive evidence that the dog
or cat is unlicensed. Any law enforcement or humane officer shall
seize, impound or restrain any dog or cat for which a dog or cat license
is required which is found without such tag attached.
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 set by the Common Council. Upon
payment of the required kennel license tax and, if required by the
Common Council, upon presentation of evidence that all dogs over five
months of age are currently immunized against rabies, the City 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 following a public hearing and approval by the
Common Council; the Common Council may attach conditions to such approval
as a conditional use under the City's Zoning Code.[3]
(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 three
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 Chapter 951 of the Wisconsin Statutes.
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
City 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 City
ordinances.
The City Treasurer shall assess and collect a late fee set by
the Common Council from every owner of a dog or cat 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 cat, or if the owner failed to obtain a license on or before
the dog or cat reached licensable age. Said late fee shall be charged
in addition to the required license fee.
A.
Dogs and cats confined. If a designated area is quarantined for rabies,
all dogs and cats within the designated area 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 City Clerk shall promptly post in at least three public places
in the City notices of quarantine.[1]
B.
Exemption of vaccinated dog or cat from City 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 City 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 with 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 the Dodge County Human Services and Health Department. The veterinarian
or County Human Services and 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 City, the veterinarian or County Human
Services and Health Department which prepared the carcass and, if
the animal is suspected to have bitten a person, that person or the
person's physician.[2]
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 City, the Laboratory
of Hygiene, the County Human Services and Health Department, the officer
involved and, if the animal is suspected to have bitten a person,
the person's physician.[3]
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.
Nuisance or dangerous animals. It shall be unlawful for any person
within the City of Fox Lake to own, harbor or keep any dog, cat or
other animal or fowl which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the City.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the City.
(4)
Repeatedly breaks from leash or enclosure and trespasses or defecates
upon property other than that on which the animal is kept.
(5)
Habitually barks, howls or makes other noise audible beyond the property
upon which the animal is kept during any hour of the day or night.
(6)
Kills, wounds or worries any domestic animal.
(7)
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.
(9)
Otherwise disturbs the peace and quiet of the City of Fox Lake.
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.
(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 City. 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 City ordinance to
be licensed shall be seized and impounded by a humane or law enforcement
officer or animal warden.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash not to exceed 10 feet in length and under control of
a person physically able to control it when the animal is off of the
owner's premises.
D.
Enforcement.
(1)
Upon any written complaint by affidavit to the Police Department,
warnings may be issued to the owner of a dog or other animal engaging
in the above conduct that said animal may be in violation of this
section.
(2)
Upon any two written complaints by affidavit in one year by one or more persons, a citation shall be issued to the owner of a dog or other animal engaging in the above conduct, subject to forfeiture as provided in § 197-25.
(3)
Upon any three written complaints by affidavit in one year by one
or more persons, the owner of said dog or other animal, within 10
days after service upon him/her of the third affidavit, together with
the prior two affidavits, shall remove the offending dog or other
animal from the City or surrender it to the law enforcement authorities
to be destroyed, and upon failure to do so, said owner may be summoned
to appear before the Municipal Court.
(4)
Said owner shall, after a finding by the Court that said dog or other animal is in violation of this section, be subject to a forfeiture as provided in § 197-25. Each day that an owner fails to comply with this section shall constitute a separate offense. The burden of proof, however, in any such proceeding shall be upon the complainants, and no such proceeding may be maintained upon such complaints unless the summons shall have been served upon the owner within 40 days after the service of the copy of the third complainant's affidavit as hereinbefore set forth.
E.
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 City of Fox Lake 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 City of Fox Lake 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 forfeiture 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 City,
assaults or attacks any person, is at large within the City, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies.
C.
Claiming animal; disposal of unclaimed animals.
(1)
Seizure. A police officer or any animal control officer appointed
by the Common Council may attempt to capture and restrain dogs or
other animals running at large or in other violation of this chapter,
and shall confine and capture or restrain animals in a suitable dog
pound or other enclosure. After seizure of animals under this section
by a law enforcement or animal control officer, the animal shall be
impounded.
(2)
Retention and disposition of unclaimed animals. All dogs or other
animals apprehended shall be kept for no more than three days at the
dog pound or other enclosure, and if such animal is not claimed by
the rightful owner, representative or keeper within such time, said
animal shall be transmitted to the Dodge County Humane Society to
be handled in accordance with Wisconsin Statutes and the policies
of that facility.
(3)
Notification. A person who captures or restrains a dog or other animal
shall notify or deliver the dog or other animal to the county pound
or humane society or to any officer within 12 hours of capture or
restraint. Any police officer or City official to whom a dog or other
animal is delivered shall attempt to notify the owner as soon as possible
if the owner is known or can be ascertained with reasonable effort.
(4)
Claiming animals. The owner or representative or keeper of any dog
or other animal so confined may reclaim such animal from the Police
Department at any time before transmittal to the Dodge County Humane
Society if:
(a)
The owner, representative or keeper gives his or her name and
address.
(b)
The owner, representative or keeper presents evidence that the
dog or cat is licensed and presents evidence that the dog or cat is
vaccinated against rabies, or a receipt from a licensed veterinarian
for prepayment of a rabies inoculation.[1]
(c)
The owner, representative or keeper pays the cost of apprehending,
boarding fees, necessary medical treatment and impounding fees, if
any.
(5)
Payment of costs. Payment of costs and charges shall be made to the
City of Fox Lake and may be paid directly through the Fox Lake Police
Department. Upon identification of the owner of a dog or other animal
so apprehended or confined, all City costs and charges shall be billed
to said owner.
D.
City not liable for impounded animals. The City 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.
A.
If any animal, for which the owner holds a current rabies certificate,
is involved in a bite or a scratch incident, the owner shall isolate
and confine the animal under the supervision of a licensed veterinarian
for at least 10 days from the date of the incident. Supervision of
a veterinarian includes, at a minimum, examination of the animal on
the first day, on the 10th day, and on one intervening day. If the
animal is confined at the residence of the owner, it must not be allowed
to come in contact with other animals or people. It cannot be left
unattended outside.
B.
The animal can be taken outside of the residence only to relieve
itself, under restraint and under the supervision of an adult.
C.
Any animal involved in a bite or scratch incident that has not been
vaccinated, or has not been revaccinated within the prescribed times,
must be confined at a veterinary hospital under the supervision of
a veterinarian for 10 days.
D.
Under no circumstances can the owner sell, give away, or destroy
the animal until it has been released by a licensed veterinarian after
the ten-day confinement (quarantine) period.
A.
Keeping of animals prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Fox Lake any pit bull dog, provided that pit bull dogs registered with the City on the day this section becomes effective may be kept within the City subject to the standards and requirements set forth in Subsection B of this section. "Pit bull dog" as that term is used in this section is defined to mean:[1]
(1)
The Staffordshire bull terrier breed of dog.
(2)
The American pit bull terrier breed of dog.
(3)
The American Staffordshire terrier breed of dog.
(4)
Any dog which has the appearance and characteristics of being predominantly
of the breeds of Staffordshire bull terrier, American pit bull terrier,
American Staffordshire terrier, or a combination of any of these breeds.
B.
Keeping of registered pit bulls. The provisions of Subsection A are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Fox Lake; keeping, owning or harboring of such dogs is however subject to the following conditions:
(1)
Leash and muzzle. No person shall permit a registered pit bull dog
to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit
a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of
the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc. In addition, all pit bull dogs on
a leash outside the animal's kennel or pen must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
(2)
Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection B(1). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(3)
Confinement indoors. No pit bull dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit such building on its own volition.
(4)
Signs. All owners, keepers or harborers of registered pit bull dogs
within the City shall, within 10 days of the effective date of this
section, display in a prominent place on their premises a sign easily
readable by the public using the words "Beware of Dog." In addition,
a similar sign is required to be posted on the kennel or pen of such
animal.
(5)
Insurance. All owners, keepers or harborers of registered pit bull
dogs must, within 30 days of the effective date of this section, provide
proof to the City Clerk of public liability insurance in a single
incident amount of $50,000 for bodily injury to or death of any person
or persons or for damage to property owned by any persons which may
result from the ownership, keeping or maintenance of such animal.
Such insurance policy shall provide that no cancellation of the policy
will be made unless 10 days' written notice is first given to the
City Clerk.[2]
(6)
Registration. All owners, keepers or harborers of pit bull dogs shall,
within 30 days after the effective date of this section, register
said dog with the City by filing with the City Clerk two color photographs
of the dog clearly showing the color and approximate size of the dog.[3]
(7)
Reporting requirements. All owners, keepers or harborers of registered
pit bull dogs must, within 10 days of the incident, report the following
information in writing to the City Clerk:[4]
(a)
The removal from the City or death of a registered pit bull.
(b)
The birth of offspring of a registered pit bull dog.
(c)
The new address of a registered pit bull dog should the dog
be moved within the City of Fox Lake.
(d)
If the registered pit bull dog is sold, the name and address
of the new owner.
(8)
Animals born of registered dogs. All offspring born of pit bull dogs
registered within the City must be removed from the City within six
weeks after the birth of said animal.
(9)
Failure to comply. It shall be unlawful for the owner, keeper or
harborer of a pit bull dog registered with the City to fail to comply
with the requirements and conditions set forth in this section.
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, 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 on private yards. The owner
or person in charge of the dog or cat must also prevent accumulation
of animal waste on his/her 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.
No dog, cat or other animal shall be allowed in any City park except on a leash. Pet owners shall comply with the provisions of § 197-10 while in parks.
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 City 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), 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 City 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 by 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
control within the City 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 City 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, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(22)
Rhinoceroses (Rhinocerotidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Exceptions; pet shops. 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:
(1)
Their location conforms to the provisions of the Zoning Code of the
City.
(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.
E.
Farm animals; miniature pigs. Except as provided in § 197-22 regarding miniature pigs and on properties zoned in an agricultural classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, fowl (laying hens may be permitted under § 197-24) or rabbits (more than two).
[Amended 8-1-2012]
A.
No person may sell, offer for sale, raffle, give as a prize or premium,
use as an advertising device or display living chicks, ducklings,
other fowl or rabbits that have been dyed or otherwise colored artificially.
B.
No person may sell, offer for sale, barter or give away living chicks,
ducklings or other fowl without providing proper brooder facilities
for the care of such chicks, ducklings or other fowl during the time
they are in such person's care, custody or control. No retailer, as
defined in § 100.30(2)(e), Wis. Stats., may sell, offer
for sale, barter or give away living baby rabbits, baby chicks, ducklings
or other fowl under two months of age, in any quantity fewer than
six, unless the purpose of selling these animals is for agricultural,
wildlife or scientific purposes.
A.
No person owning or responsible for confining or impounding any animal
may refuse or neglect to supply the animal with a sufficient supply
of food and water as prescribed in this section.
B.
The food shall be sufficient to maintain all animals in good health.
C.
If potable water is not accessible to the animals at all times, it
shall be provided daily and in sufficient quantity for the health
of the animal.
A.
Proper shelter. No person owning or responsible for confining or
impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing
in this section shall be construed as imposing shelter requirements
or standards more stringent than normally accepted husbandry practices
in the particular county where the animal or shelter is located.
B.
Indoor standards. Minimum indoor standards of shelter shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)
Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this subsection, "caged" does not include farm
fencing used to confine farm animals.
(2)
Shelter from inclement weather.
(a)
Animals generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
D.
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)
Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
E.
Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
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.
(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/she shall prove that such killing was unwarranted.
(5)
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.
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 City or any animal control agency
with which the City 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.
A.
Acts of cruelty prohibited. No person except a law enforcement or
animal control officer in the pursuit of his/her duties shall, within
the City, shoot or kill or commit an act of cruelty to any animal
or bird or disturb any bird's nest or bird's eggs.
B.
Leading animal from motor vehicle. No person shall lead any animal
upon a City street from a motor vehicle or from a trailer or semitrailer
drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person may expose
any pet animal owned by another to any known poisonous substance or
controlled substance listed in § 961.14, Wis. Stats., whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming
the animal. This subsection shall not apply to poison used on one's
own premises and designed for the purpose of rodent and pest extermination,
nor the use of a controlled substance used in accepted veterinarian
practice or in research by persons or organizations regularly engaged
in such research.
D.
Use of certain devices prohibited. No person may directly or indirectly,
or by aiding, abetting or permitting the doing thereof, either put,
place, fasten, use or fix upon or to any animal used or readied for
use for a work purpose or for use in an exhibition, competition, rodeo,
circus or other performance any of the following devices: a bristle
bur, tack bur or like device, or a poling device used to train a horse
to jump which is charged with electricity or to which have been affixed
nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may instigate, promote,
aid or abet, as a principal, agent, employee, participant or spectator,
or participate in the earnings from or intentionally maintain or allow
any place to be used for the shooting, killing or wounding with a
firearm or any deadly weapon of any animal that is tied, staked out,
caged or otherwise intentionally confined in a man-made enclosure,
regardless of size.
A.
Purpose. The keeping of a large number of dogs and cats within the
City of Fox Lake 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 and cats is,
therefore, declared a public nuisance.
B.
Number limited.
(1)
No person or family shall own, harbor or keep in its possession more
than two dogs and two cats in any residential unit without the prior
issuance of a kennel license by the Common Council, except that a
litter of pups or kittens or a portion of a litter may be kept for
not more than 10 weeks from birth.
A.
In the interest of public health and safety, it shall be unlawful
for any person in or on City-owned land within the City of Fox Lake
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 Ch. 29, Wis.
Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the City of Fox
Lake or its employees or agents from performing their official duties.
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 City 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. Such hives, stands or boxes
may only be located in the rear yard.
(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 said
premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of state law.
(5)
A conditional use permit shall first be obtained pursuant to the
City Zoning Code.
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.
A.
VIETNAMESE POTBELLIED PIG
Definitions. As used in this section, the following words and phrases
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
A purebred Vietnamese potbellied pig registered through a
North American Vietnamese Potbellied Pig Registry, which does not
exceed 100 pounds in weight.
B.
License required; fee. It is unlawful for any person, party, firm
or corporation to keep or maintain within the City of Fox Lake limits
a Vietnamese potbellied pig without first having obtained a license
from the City Treasurer and being in compliance with all provisions
of this section. The fee for a license issued hereunder or renewal
thereof shall be set by the Common Council. Excepted from the license
requirement is any law enforcement agency or agency under contract
with the City to care for stray or unwanted animals.[1]
C.
License application.
(1)
Any applicant for a license or renewal thereof under this section
shall file with the City Treasurer a fully executed application on
a form prescribed by the City Clerk, accompanied by the annual license
fee.[2]
(2)
No licenses or renewal thereof shall issue hereunder until:
(b)
There has been an inspection by a City law enforcement officer
or the Building Inspector of the premises being licensed and a determination
by said officer or Building Inspector that all requirements of this
section, and other applicable general and zoning ordinances, have
been met.[4]
(c)
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(3)
Any license or renewal thereof issued hereunder shall be for a calendar
year or portion thereof. Licenses must be renewed each calendar year
on or before the 31st day of January. Licenses shall not be assignable
or transferable either to another person, party, firm or corporation
or to another location.
(4)
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any City personnel requesting to examine
it and having authority to enforce this section.
(5)
Only one Vietnamese potbellied pig may be at any premises.
D.
License requirements. A licensee shall comply with the following
as a condition of obtaining and maintaining a license:
(1)
Animal feces shall be collected on a daily basis and stored in a
sanitary receptacle. Animals shall not be brought, or permitted to
be, on property, public or private, not owned or possessed by the
owner or person in charge of the animal, unless such person has in
his/her immediate possession an appropriate device for scooping excrement
and an appropriate depository for the transmission of excrement to
a receptacle located upon property owned or possessed by such person.
(2)
When sunlight is likely to cause overheating to discomfort, sufficient
shade shall be provided to allow an animal kept outdoors to protect
itself from the direct rays of the sun.
(3)
An animal kept outdoors shall be provided with access to shelter
to allow it to remain dry during rain or snow. Animals may be kept
outdoors only if contained in a fenced enclosure sufficient for purposes
of restraint.
(4)
When the atmospheric temperature is less than 50° F., an animal
shall be kept indoors at a temperature no less than 50° F., except
for temporary ventures which do not endanger the animal's health.
(5)
An effective program for the control of insects, ectoparasites, and
avian and mammalian pests shall be established and maintained where
a problem.
(6)
Animals shall be fed and watered at least once a day, except as otherwise
might be required to provide adequate veterinary care. The food shall
be free from contamination, wholesome, palatable and of sufficient
quality and nutritive value to meet the normal daily requirements
for the condition and size of the animal. Food receptacles shall be
accessible to the animal and shall be located so as to minimize contamination
by excreta. Feeding pans shall be durable and kept clean. The food
receptacles shall be cleaned daily. Disposable food receptacles may
be used but must be discarded after each feeding. Self feeders may
be used for the feeding of dry food and they shall be sanitized as
needed, but at least once per week, to prevent molding, deterioration
or caking of feed.
(7)
Animals may not be permitted to exceed 100 pounds in weight.
(8)
Animals shall be examined by a veterinarian within a period of 60
days prior to a new license application being filed. The animal may
be licensed only upon a written statement from a veterinarian as to:
(a)
The animal's weight.
(b)
The animal has received all recommended vaccinations and boosters.
(c)
The animal is asymptomatic respecting disease or has a disease
which is not contagious and is receiving appropriate treatment.
(d)
The animal's tusks, if any, have been removed or trimmed so
as not to endanger any person or animal.
(e)
The animal has passed a pseudorabies test administered in accordance
with applicable state regulations.
(9)
The animal shall not be permitted to run at large. "Run at large"
shall mean the presence of an animal which is not on a leash of six
feet or less on any public property or thoroughfare or on any private
property. An animal may be unleashed on private property, with the
permission of the property owner, in a fenced enclosure sufficient
for purposes of restraint. Animals which are not leashed in a motor
vehicle shall not be deemed to "run at large" if secured in a manner
as will prevent their escape therefrom.
(10)
Animals shall not be kept in a manner as to disturb the peace
of the neighborhood or of persons passing to and from upon the streets.
E.
Suspension, revocation or denial of renewal of license. The Chief
of Police 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 section, or any ordinance
of the City, or law, rule or regulation of the State of Wisconsin,
involving cruelty 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 officer. Such notice shall state that the applicant may pursue
an appeal to the Common Council by filing a request within 10 days
of such notice.
A.
FANCY PIGEON
LOFT
MATURE PIGEON
OWNER
PIGEON
RACING PIGEON
SPORTING PIGEON
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates a different
meaning is intended:
A pigeon which, through past breeding, has developed certain
distinctive physical and performing characteristics as to be clearly
identified and accepted as such by the National Pigeon Association,
the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples:
fantails, pouters, trumpeters.
The structure for the keeping or housing of pigeons.
A pigeon aged six months or older.
The owner of a pigeon or pigeons.
A member of the family Columbidae, and shall include racing
pigeons, fancy pigeons and sporting pigeons as defined in this section.
A pigeon which, through selective past breeding, has developed
the distinctive physical and mental characteristics as to enable it
to return to its home after having been released a considerable distance
therefrom, and which is accepted as such by the American Racing Pigeon
Union, Inc., or the International Federation of Racing Pigeon Fanciers.
Also, commonly known as "racing homer," "homing pigeon" or "carrier
pigeon."
A pigeon which, through selective past breeding, has developed
the ability to fly in a distinctive manner, such as aerial acrobatics
or endurance flying. Examples: rollers, tippers.
B.
Conditions for keeping of pigeons. The keeping, breeding, maintenance
and flying of pigeons shall be permitted on the following conditions:
(1)
The loft shall be of such sufficient size and design, and constructed
of such material, that it can be maintained in a clean and sanitary
condition.
(2)
There shall be at least one square foot of floor space in any loft
for each mature pigeon kept therein.
(3)
The construction and location of the loft shall not conflict with
the requirements of any building code or zoning code of the City of
Fox Lake.
(4)
All feed for said pigeons shall be stored in such containers as to
protect against intrusion by rodents and other vermin.
(5)
The loft shall be maintained in a sanitary condition and in compliance
with all applicable health regulations of the City.
(6)
All pigeons shall be confined to the loft, except for limited periods
necessary for exercise, training and competition, and at no time shall
pigeons be allowed to perch or linger on the buildings or property
of others.
(7)
All pigeons shall be fed within the confines of the loft.
(8)
No one shall release pigeons to fly for exercise, training or competition
except in compliance with the following rules:
(a)
The owner of the pigeons must be a member in good standing of
an organized pigeon club, such as the American Racing Pigeon Union,
Inc., the International Federation of Racing Pigeon Fanciers, the
National Pigeon Association, the American Tippler Society, the International
Roller Association, the Rare Breeds Pigeon Club, or a local club which
has rules that will help preserve the peace and tranquility of the
neighborhood.
(b)
Pigeons will not be released for flying which have been fed
within the previous four hours.
(9)
No owner may have more than 20 pigeons in a residentially zoned area.
[Added 7-3-2012]
A.
Purpose and intent. The purpose of this section is to outline conditions
under which City residents may safely keep or maintain a limited number
of chickens, to assure appropriate chicken coops or structures in
which to house chickens, and to protect the health, safety, and welfare
of the general population of the City of Fox Lake.
B.
ABUTTING PROPERTY
BACKYARD
CHICKEN
COOP
Definitions. For the purpose of this section, the following terms
have the meaning indicated:
All property that abuts an applicant's property at one or
more points except public streets.
That portion of a lot enclosed by the property's rear lot
line and the side lot lines to the points where the side lot lines
intersected with an imaginary line established by the rear of the
single-family structure and extending to the two side lot lines.
A female hen of any age, including chicks. This definition
does not include other kinds of fowl, including but not limited to
ducks, quail, pheasant, geese, turkeys, guinea hens, peacocks, emus,
or ostriches.
An enclosed structure, building or pen within which chickens
roost or are housed.
C.
Keeping of chickens. Chickens may be kept or maintained upon the
following:
(2)
Rental tenants of a single-family dwelling or a two-family dwelling that is zoned R-1 One-Family or R-2 Two-Family shall abide by the rules set forth in Subsection E herein and shall obtain written approval from their landlord prior to the keeping or maintaining of chickens on the rental premises. The landlord's written approval must accompany the applicant's permit application.[2]
(3)
Educational facilities are allowed to maintain up to 25 chickens
for educational purposes only.
(4)
Chickens may be temporarily allowed for special purposes such as
a public picnic and other special events upon approval of the City
Administrator.
(5)
Chickens may be allowed in a local veterinarian's office for the
purpose of observation or treatment.
(6)
In addition to four adult chickens, newborn chickens (chicks) up
to the age of three weeks may be kept in a residence or outbuilding.
D.
E.
Permit required.
(1)
No owner or tenant shall own, keep or maintain chickens within the
corporate limits of the City without first obtaining a permit. The
City shall only issue a total of five permits to Fox Lake residents
per year on a first-come, first-served basis. All educational facilities
shall be exempt from the permit process.
(2)
The applicant for a permit must notify all abutting property owners
of his or her intention to keep or maintain 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 property owners
and their addresses must be included with the permit application with
a signature from 50% of abutting property owners to confirm their
approval of the permit application. No permit to keep or maintain
chickens shall be issued unless all requirements are met.
(3)
The above requirements shall not be required for renewal of a permit
as long as the permit is kept current.
(5)
An approved permit shall not transfer to any other property or successor
owners of permitted property unless all provisions of this section
are met.
F.
Fees.
(1)
The annual fee for keeping and maintaining up to four chickens shall
be set by the Common Council and must be paid to the City Clerk at
the time of application. This fee shall not be prorated. Amendments
to the annual permit fee may be made by Council resolution.[5]
(2)
All renewal permits are due and payable to the City no later than January 31 of the permit year or prior to keeping the chickens, whichever is later. Failure to timely renew and pay will result in forfeiture of the permit. Upon forfeiture an applicant shall be required to meet all initial requirements as set forth in Subsection E above.
G.
Property requirements.
(1)
A coop and any attached enclosure shall be located in the backyard
of the permit holder's residence and shall meet all applicable setback
requirements for accessory buildings as set forth in the City of Fox
Lake Zoning Code.
H.
Coop design.
(1)
All chickens shall be kept and maintained within a ventilated and
roofed coop in compliance with any applicable state and local requirements.
(2)
All coops, including an attached coop enclosure, shall be enclosed
with wire netting or equivalent material that will prevent chickens
from escaping the coop or the attached enclosure.
(3)
The coop structural floor shall allow at least four square feet per
chicken, and the height of the coop shall not exceed six feet above
ground level.
(4)
The coop shall have a clear open space to allow the chickens to walk
on the ground or a concrete slab.
I.
Any person keeping chickens shall:
(1)
Keep or maintain chickens within a coop or attached coop enclosure
at all times.
(2)
Not keep or maintain any roosters or male chickens.
(3)
Not sell any eggs, except those chickens, that produce eggs, that
are kept and maintained at an educational facility.
[Amended 7-6-2016]
(4)
Not slaughter any chickens on the premises.
(5)
Ensure that chickens are provided with access to feed and clean water
at all times.
(6)
Consult with a veterinarian regarding chickens that appear ill or
on the occasion of a sudden death. If a disease that would be contagious
to humans is diagnosed, recommendations to ensure prevention of transmission
of a disease must be followed as recommended by the veterinarian.
(7)
Maintain compliance with all federal and state regulations in regard
to the raising of urban chickens.
J.
Sanitation.
(1)
Chickens and their coops shall be kept and maintained at all times
in outdoor areas and shall not be permitted inside a residential premises
or dwelling.
(2)
Chicken feed shall be stored and kept in containers which make the
feed inaccessible to rodents, vermin, wild birds, and other predators.
(3)
All coops and backyards where chickens are kept or maintained shall
be reasonably free from chicken-produced substances, including but
not limited to chicken manure, such that the air or environment around
the chickens does not become noxious or offensive or create a condition
that would reasonably promote the breeding of flies, mosquitoes, or
other insects, or provide a habitat or breeding or feeding place for
rodents or other animals, or otherwise be injurious to public health.
K.
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. The City Police Department may issue compliance orders and
citations pursuant to the provisions of this section and state law.
L.
Enforcement. The City shall revoke a permit to keep chickens in the
event that the Police Department has issued two or more violations
of this section within any six-month period.
M.
Restrictive covenants. This section is not intended to interfere
with any restrictive covenants otherwise applicable.
A.
Any person violating § 197-16, 197-17, 197-18, 197-19, 197-20, 197-21, 197-22, 197-23 or 197-24 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the City 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.[1]
B.
Anyone who violates §§ 197-1, 197-2, 197-3, 197-4 and 197-5 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 § 197-5 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.[2]
D.
Each day that a violation of this chapter continues shall be deemed a separate violation. Any dog found to be the subject of a violation of this chapter 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 of the dog fails to remove the dog from the City as required by § 197-6D(3). In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including shelter, food, handling and veterinary care, necessitated by the enforcement of this chapter.[3]
