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Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
[Adopted 7-15-2014[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Prohibited and Protected Animals, adopted as § 3.5 of the 2000 Code.
[Amended 9-6-2022 by Ord. No. 2022-12]
A. 
No person shall keep, maintain, or have in such person's possession or under such person's control any poisonous and/or venomous reptile, dangerous or wild animal or insect, including, but not limited to, poisonous and/or venomous insects and arachnids, all poisonous and/or venomous snakes, all snakes whose adult length exceeds three feet in length, nonhuman primates, bears, crocodiles, alligators, coyotes, elephants, gamecocks, and other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynx, pumas, cougars, mountain lions, panthers, ocelots, tigers or other wild feline species, wolves or hybrid wolf/dogs.
B. 
Exceptions. These prohibitions do not include captive-bred species of caged birds, rodents, turtles, fish, and nonpoisonous, nonvenomous, nonconstricting snakes whose adult length does not exceed three feet in length, unless protected under § 102-7, Endangered species protected and prohibited.
C. 
Prohibitions. The prohibitions set forth in Subsection A shall not apply to residents, licensed pet shops, zoological gardens, public or private educational institutions, circuses and professional animal acts provided that:
(1) 
The aforementioned have obtained the necessary licenses, permits, and permissions required.
(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) 
Residents shall only be allowed to possess a nonpoisonous and/or nonvenomous snake species whose adult length may exceed three feet in length but no more than six feet in length.
D. 
Exotic animal permit.
(1) 
Applications.
(a) 
On an annual basis, application for an exotic or excess animal permit shall be made to the Village Clerk on a form supplied by the Village Clerk's Office.
(b) 
Upon receipt of an application, the Village Clerk's Office shall forward the application to the Police Department for verification of the veracity of the application as well as research into the qualifications of the applicant in accordance with the requirements of this section.
(c) 
All applications shall be accurately completed in its entirety or shall be rendered void by the Village Clerk.
(2) 
Factors to be considered. In determining whether a permit under this section shall be granted, the Police Department shall consider the number and type of animals to be possessed, the applicant's criminal record, including any animal related police call for service, known prior history of the animals, health of the animals, whether proper licenses and vaccinations have been obtained, the condition of the applicant's residence where the animal will be kept, the likelihood of a public or private nuisance being created, and any other actors determined to be relevant by the Police Department.
(3) 
Denial.
(a) 
If the Police Department determines that any portion of the application is false or that the applicant does not possess the necessary qualifications the application may be denied by the Police Department.
(b) 
The Police Department shall notify any applicant so denied.
(c) 
Any applicant whose application has been denied by the Police Department may appeal such determination to the Board of Appeals Committee. Upon appeal, the Board of Appeals Committee shall determine if the applicant possesses the qualifications of this section. After making such determination, the Board of Appeals Committee shall forward its recommendation to the Village Board.
(4) 
Issuance of license/permit. The Village Clerk shall not issue any exotic animal permit until all the requirements above have been satisfied.
A. 
Except as specifically permitted in a zoning district, no person shall keep or maintain any poultry, pigeons or fowl, or any animal raised for fur-bearing purposes, or any livestock, including, but not limited to, horses, cattle, sheep, goats, pigs or swine, whether or not such animal is domesticated, tamed, or a pet.
(1) 
The slaughter of chickens permitted in the R-2, R-2-R and R-3 Single-Family Residential Districts shall be prohibited.
[Amended 6-7-2016 by Ord. No. 06-2016]
B. 
Any person keeping or maintaining such poultry, pigeons, fowl, animal or livestock contrary to this subsection as of August 5, 2003, may continue to keep or maintain such a nonconforming use upon receipt of a permit from the Village Clerk-Treasurer in accordance with rules established by resolution of the Village Board as long as a public nuisance is not created.
C. 
Exceptions. The exceptions to this section shall apply as in § 102-5.
D. 
Prohibitions. The prohibitions of this section shall apply as in § 102-5.
[Amended 1-6-2015 by Ord. No. 01-2015]
It shall be unlawful for any person or other entity 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 published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1973 (Public Law 205, 93rd Congress), as amended.
A. 
No person owning or responsible for any animal may refuse or neglect to supply the animal with a sufficient supply of good/wholesome food and potable 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. State law reference: § 951.13, Wis. Stats.
A. 
No person owning or responsible for any animal may fail to provide the animal with proper shelter as prescribed in this section. No person shall confine and/or allow said animals to remain outside during adverse weather conditions, constituting a health hazard to such animal.
B. 
Minimum indoor standards of shelter shall include ambient temperature compatible with the health of the animal and shall be adequately ventilated by natural or mechanical means to provide for the health of the animal.
C. 
Minimum outdoor standards of shelter shall include shelter from sunlight when such is likely to cause heat exhaustion or other ill effects. Natural or artificial shelter appropriate to the local climatic conditions for the species shall be provided as necessary for the health of the animal.
D. 
Minimum indoor and outdoor standards for enclosures and shelters shall be constructed and maintained so as to provide sufficient space to allow adequate freedom of movement and the retention of body heat for the health of the animal.
(1) 
Shelter requirements for chickens required to be licensed per § 102-11A shall meet the following requirements:
(a) 
The shelter shall be structurally sound, moistureproof and maintained in good repair;
(b) 
Chickens shall be provided shelters that are enclosed, predatorproof, insulated and adequately ventilated;
(c) 
Shelters shall use exterior finish materials approved for exterior use and shall be of a color which is substantially similar to those used in the principal structure;
(d) 
A sufficient quantity of suitable clean bedding material, to provide insulation and protection against the cold and dampness and promote the retention of body heat, shall be required;
(e) 
Shelters shall be provided an entrance covered by a self-closing swinging covering or an L-shaped entrance to prevent the wind from blowing directly into the shelter;
(f) 
During the months of May through September, Subsection D(1)(c) and (d) may be suspended;
(g) 
Chicken shelters shall measure a minimum of seven square feet in area or three square feet in area per chicken, whichever is greater;
(h) 
Chicken shelters shall be provided with one nest box per chicken;
(i) 
Chicken shelters shall be provided with elevated perches to ensure chickens are able to rest in their natural roosting position;
(j) 
Chicken shelters shall be constructed and maintained so as to prevent rodents from being harbored underneath, or within the walls or roof of, said structure;
(k) 
Chicken shelters, food storage units, and waste compost shall be placed to comply with the zoning district's principal building setback standards and must be located in the rear yard of the property as defined by the Zoning Ordinance;[1]
[1]
Editor's Note: See Ch. 295, Zoning.
(l) 
Chickens shall be secured within the shelter during nondaylight hours;
(2) 
Fence enclosure (run) requirements for chickens required to be licensed per § 102-11A shall meet the following requirements:
(a) 
Chickens shall be provided with access to an outdoor fence enclosure (run) measuring at least 10 square feet in area or six square feet per chicken, whichever is greater, for the majority of daylight hours, weather permitting.
(b) 
Chicken shelters shall provide direct access to the outdoor fence enclosure (run).
(c) 
Fencing must have spacing of no more than one inch;
(d) 
Fencing shall be no less than three feet in height;
(e) 
The fence enclosure requirements must be maintained all year, regardless of weather.
E. 
Minimum sanitation standards for both indoor and outdoor enclosures shall include daily cleaning to remove excreta and other waste materials, dirt, and trash so as to minimize health hazards.
F. 
No person may intentionally abandon any animal.
A. 
Violations of this article shall be subject to the penalties provided in § 1-3. Each day of continuing violation shall constitute a separate offense.
[Amended 1-6-2015 by Ord. No. 01-2015]
B. 
Complaints.
(1) 
General nuisance complaints include any complaint not classified as animal cruelty.
(2) 
Animal cruelty complaints consist of, but are not limited to:
(a) 
Inadequate food or water;
(b) 
Unkempt shelters and enclosures;
(c) 
Improperly sized shelters and enclosures;
(d) 
Inadequate shelter temperature, ventilation or bedding conditions;
(e) 
Slaughter or killing of animals.