[Adopted 2-11-2013 by Ord. No. 2013-112]
The Village of Sherwood has undertaken to establish this animal
regulation article to protect the public health and safety of its
citizens and promote the general welfare of citizens and animals residing
within the Village. Animal ownership is encouraged and welcomed within
the Village; however, strong emphasis is placed on reasonable limitations
and responsible ownership of animals. Animal owners are encouraged
to respect the rights of their fellow citizens and also those of their
animals. Primary responsibility is placed upon animal owners to properly
train and/or secure their animals so as to prevent them from causing
injuries and/or creating nuisances and unhealthy conditions.
As used in this article, the following terms shall have the
meanings indicated:
Includes every living:
An officer appointed by the Village Board. This appointment
may also be called "dog catcher."
The use of a device which is physically attached to an animal
which is used to positively control the dog's behavior through electromagnetic
signal transmitted to the device by the owner.
Any animal that is not normally domesticated in the United
States or is wild by nature.
Any warmblooded animal normally raised on farms in the United
States and used or intended for use as food or fiber.
Any establishment wherein or whereupon dogs are kept for
the purpose of breeding, sale, or sporting purposes.
Firmly attached to a secured tether or leash which is being
held by a person who is thereby in fact able to prevent an animal
from charging, chasing or otherwise disturbing or interfering with
any person, domestic animal or wildlife, irrespective of the presence
of any distraction or provocation.
Any dog that is trained for the purpose of assisting a person
with a sensory, mental or physical disability or accommodating such
a disability.
A.
Section 951.02, Wis. Stats., regarding cruelty to animals is hereby
adopted by reference and made an offense punishable as a violation
of this article.
B.
No person shall beat, cruelly ill treat, torment, overload, overwork,
abandon, or otherwise abuse an animal or cause, instigate or permit
any dogfight, cockfight or other forms of combat in the Village.
C.
No person shall cause or allow any place where any animal is or may
be kept to become unclean or unwholesome.
A.
Any animal is considered running at large when it is not on the premises
of its owner, unless it is within the immediate presence and control
of the owner, of his servant or of some member of his family. An animal
that is not under control but is on private property with the permission
of the owner of the property shall not be considered to be at large.
A dog is presumed to be at large if injury, damage or trespass has
occurred even if said dog is under control. Service dogs and working
farm dogs, while so working, are excluded.
C.
Any person may impound any animal running at large. Any animal impounded
under this provision must be reported to the Animal Control Officer
within 24 hours of action.
A.
The provisions of Ch. 174, Wis. Stats., pertaining to the licensing
of dogs are made a part of this section by reference thereto.
A.
It is unlawful for any person who has custody of a dog, cat or other
animal to permit such animal to defecate upon any property other than
that of its owner or custodian, unless the custodian immediately thereafter
cleans up and removes such animal excreta from such property.
B.
No person who has custody of a dog, cat or other animal shall walk
or escort such animal off the property of the owner or custodian unless
the person is in possession of equipment to clean up any defection
which may be deposited by such animal. Any animal shall be leash controlled
or under electronic control at all times when the animal is off the
premises of the owner.
An owner of an animal is in violation of this article if such
animal constitutes an animal nuisance or is a menace to public health
or safety. The term "animal nuisance" shall mean and include, but
is not limited to, any animal:
A.
That is at large.
B.
That interferes with the freedom of movement of persons in a public
right-of-way or chases motor vehicles in a public right-of-way.
C.
That attacks, without provocation, any person or other animal on
public or private property, whether or not any injury occurs.
D.
That makes disturbing noises, including but not limited to continued
and repeated howling, barking, whining or other utterances causing
unreasonable annoyance, disturbance, or discomfort to neighbors or
others in close proximity to the premises where the animal is kept
or harbored.
E.
Whose owner/custodian fails to maintain sanitary conditions in enclosures
or surroundings thereby causing unreasonable annoyance or discomfort
to neighbors or others in close proximity to the premises where the
animal is kept or harbored.
F.
That is present in any section of a park or recreation area specifically
constructed or designated as a playground, court, ball field or other
area designed for organized activity, unless authorized by the Village
Board.
G.
That is present on any public recreation area, other than those areas set forth in Subsection F above, unless the animal is leash controlled.
H.
That damages, soils or defiles any property other than that of the
owner.
I.
That is a dangerous animal.
It shall be unlawful for anyone to own or harbor any exotic animal, except for the following: wildlife rehabilitators compliant with Ch. NR 19, Wis. Adm. Code, game farms licensed under Ch. 23, Wis. Stats., and veterinary hospitals. Wildlife rehabilitators and game farms shall not be permissible in residential districts.
All incidents occurring in the Village in which any animal bites
or scratches a person or other animal or is suspected of such shall
immediately be reported to the Animal Control Officer by any person
having knowledge of such incident. If the bite or scratch is caused
by an animal for which there is no rabies vaccine or known quarantine,
the animal shall be euthanized and analyzed for rabies at the owner's
expense.
The owner of a dog or cat shall have the animal vaccinated in
accordance with § 95.21, Wis. Stats.
A.
Local law enforcement and the Village Animal Control Officer are
authorized to kill any animal, bird or reptile when it is necessary
to protect persons from harm or to prevent the communication and spread
of infection or disease.
B.
Procedure for declaring animal dangerous. Section 174.02, Owner's
liability for damage caused by dog; penalties; court order to kill
a dog, of the Wisconsin Statutes is hereby adopted.
A.
The keeping and/or raising of farm animals, including but not limited
to goats, pigs, cows, sheep, ducks, geese, chickens, ponies, and horses,
is hereby declared to be a public nuisance and is prohibited within
any area zoned residential by the zoning regulations of the Village.
B.
No person shall keep, sell or offer for sale within the Village any
animals other than a dog, cat, rabbit, ferret, domesticated rodents,
small indoor caged birds, or reptiles, or indoor aquatic and amphibian
animals, kept solely as pets.
C.
In no event shall any person have more than three dogs over six months
of age at a residence unless a kennel permit has been issued.
A.
The provisions of this article shall be enforced by local law enforcement,
the Village Animal Control Officer, or other persons authorized by
the Village Board.
B.
Local law enforcement and the Village Animal Control Officer are
authorized to catch and impound animals at large, with such authorization
to include the pursuit of animals upon the premises of the owner or
other private property. It shall be a violation of this article to
interfere with local law enforcement or the Animal Control Officer
in the performance of his or her duties.
A.
Every person who shall violate this article shall reimburse the Village
for the amount of the actual fee charged by the humane society and
animal shelter to the Village for pickup, care and detention of the
animal, bird or reptile.
