[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 7,
Ch. 1, of the 2004 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following definitions shall be applicable:
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 § 173.07, 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, cat or other
animal and the occupant of any premises on which a dog, cat or other
animal 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 chapter.
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted, and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
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 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 Athens
after the dog has reached five 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 that the 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 of the United States
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.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of Athens 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.
(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, pay a
license tax and obtain a license.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 169-2 of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village 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 § 169-2E.
(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 law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Treasurer upon application therefor.
B.
Multiple dog licenses.
(1)
Any person who keeps more than three dogs shall, instead of the license tax for each dog required by this chapter, apply for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as prescribed in the Village Fee Schedule for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog 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 Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Multiple dogs may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under Chapter 480, Zoning, of this Code.
(2)
The owner or keeper of multiple dogs shall keep at all times a multiple
dog license tag attached to the collar of each dog over five months
old kept by the owner or keeper under a multiple dog 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. 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 multiple dog tag shall be permitted
to stray or to be taken anywhere outside the limits of the owner's
premises unless the dog is on a leash or temporarily unconfined/unleashed
for the purpose of hunting, breeding, trial, training or competition.
(4)
No multiple dog license shall be issued to the keeper or operator of multiple dogs who fails to provide proper food and drink and proper shelter for the dogs or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple dog premises upon their own initiative. Expressly incorporated by reference in this section as minimum standards for multiple dog keepers or operators are the relevant provisions of Ch. 174, Wis. Stats.
(5)
A condition of a multiple license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
Village 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 multiple dog license be found to constitute
a public nuisance, the license shall be revoked and the nuisance abated
pursuant to Village ordinances.
The Village Treasurer shall assess and collect a late fee as
prescribed in the Village Fee Schedule 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.
Area-wide rabies quarantines.
(1)
Area confinement order. If a district is quarantined for rabies,
all dogs, cats or ferrets within the Village shall be kept securely
confined, tied, leashed or muzzled. Any dog, cat or ferret 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 shall promptly post in at least three
public places in the Village notices of quarantine.
(2)
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(1) if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
B.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice. A law enforcement or animal control officer
shall order a dog, cat or ferret 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, cat or ferret cannot be captured or such
animal exhibits actual signs of rabies, 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. No person
shall interfere with Village authorities or agents in carrying out
their duties in this regard. All expenses thus incurred shall be paid
by the owner or the person having custody of such dog, cat or ferret.
(2)
Sacrifice of other animals.
(a)
An officer may order killed or may kill an animal other than
a dog, cat or ferret if the officer has reason to believe that the
animal bit a person or is infected with rabies.
(b)
Any domesticated wild animal that has bitten any person, inclusive
of, but not limited to, wolf/dog hybrids, skunks and raccoons, shall
be immediately destroyed by a licensed veterinarian and the proper
specimen from the animal tested for rabies by the State Laboratory
of Hygiene. All expenses connected therewith shall be charged to the
owner or custodian of the animal.
C.
Quarantine procedures.
(1)
Vaccinated animal bite incidents. Any dog, cat or ferret which has
bitten any person and which shows evidence of a current rabies inoculation
shall be quarantined at such place as designated by law enforcement
or health authorities for a minimum period of 10 days. The dog, cat
or ferret shall be examined by a licensed veterinarian within 24 hours
of a quarantine notice and again on the 10th day after the bite. If,
in the opinion of law enforcement or health authorities, the vaccinated
animal cannot be confined securely at the residence of its owner or
custodian, or exhibits signs of illness as determined by a licensed
veterinarian, the dog, cat or ferret shall be quarantined at a veterinary
hospital under the supervision of a licensed veterinarian.
(2)
Unvaccinated animal bite incidents. Any dog, cat or ferret which
has bitten any person and which does not display evidence of rabies
inoculation shall be quarantined within 24 hours of the quarantine
order at a veterinary hospital under the supervision of a licensed
veterinarian for a minimum of 10 days. "Supervision of a licensed
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 veterinarian certifies, in writing, that the
dog, cat or ferret has not exhibited any signs of rabies, the animal
may be released from quarantine at the end of the observation period,
but the animal shall be vaccinated before release. After such period
of time, such veterinarian shall report his/her determination or findings
thereof in writing.[1]
(3)
Risk to animal health due to suspected exposure to a rabid animal.
(a)
If a dog, cat or ferret 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, cat or ferret 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, cat or ferret 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, cat or ferret 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.
(c)
No person shall keep or harbor any dog or other domesticated
animal, whether licensed or not, which is known to be, or when there
is good reason to believe the same to be, mad, rabid, vicious or dangerous
to the public.
(4)
Destruction of an animal exhibiting symptoms of rabies. If a veterinarian
determines that a dog, cat, ferret or other animal 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, cat, ferret or other animal is suspected
to have bitten a person, the veterinarian shall notify the person
or the person's physician.
D.
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 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 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.
E.
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 applicable health department, the officer involved
and, if the animal is suspected to have bitten a person, the person's
physician.
F.
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.
G.
State laws adopted by reference. The provisions of §§ 95.21
and 174.02(3), Wis. Stats., insofar as the same are applicable, are
incorporated by reference and made a part of this section with the
same force and effect as though set forth verbatim herein. Any amendments
to those sections shall be adopted by reference as if they were fully
set forth herein.
A.
Restrictions on dogs and cats. It shall be unlawful for any person
within the Village of Athens to own, harbor or keep any dog or cat
which:
(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.
(8)
Is tied or leashed in a manner that prohibits or impairs the reading
of utility meters.
B.
Vicious dogs and animals.
(1)
SERIOUS INJURY
VICIOUS DOG OR OTHER ANIMAL
As used in this subsection, the following terms shall have the meanings
indicated:
Any abrasions, bruising, cuts, broken bones, lacerations,
internal injuries, torn or pulled ligaments or muscles, head injuries,
or any other such similar condition.
Any dog or other animal shall be deemed and be presumed to
be vicious if, at any time, it bites and inflicts a serious injury
to any person or persons two or more times during the dog's or
animal's life under unprovoked circumstances and while off the
dog's or animal owner's, keeper's or caretaker's
premises or property. If the dog or other animal inflicts serious
injury in a manner other than biting, said dog or other animal shall
also be deemed and presumed to be vicious under this subsection.
(2)
No vicious dog or other animal as defined herein shall be allowed
to be owned, kept, harbored, maintained, or cared for within the Village
of Athens corporate limits, by any person or legal entity.
C.
Penalty for keeping vicious dogs or animals in violation of Subsection B; removal.
(1)
Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of Subsection B may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Athens, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Athens to enforce or effectuate the Village of Athens ordinances.
(2)
In the event that any vicious dog or animal has been impounded, said
dog's or animal's owner shall be required to make arrangements
to have said animal removed from the corporate limits of the Village
of Athens within seven days of impoundment. In the event any impounded
animal has not had arrangements made to remove said animal from the
corporate limits of the Village of Athens within said seven-day period,
any law enforcement officer or animal control officer for the Village
of Athens shall be authorized to destroy said animal.
D.
Potentially dangerous dog or other animal.
(1)
POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL
(a)
(b)
(c)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any dog or other animal which, when unprovoked, on two separate
occasions within the immediate prior thirty-six-month period, engages
in any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the dog are off the property
of the owner or keeper of the dog.
Any dog or other animal which, when unprovoked, bites a person,
causing a less severe injury than is defined in Subsection B(1) above.
Any dog or other animal which, when unprovoked, on two separate
occasions within the immediate prior thirty-six-month period, has
killed, seriously bitten, inflicted injury or otherwise caused injury
to a domestic animal off the property of the owner or keeper of the
dog.
(2)
Restrictions and rules regarding potentially dangerous dogs or animals.
(a)
If a law enforcement or animal control officer for the Village
of Athens or any other law enforcement agency having jurisdiction
and authority to enforce this section has investigated and determined
that there exists probable cause to believe that a dog or other animal
which is owned, harbored, kept or cared for within the Village of
Athens corporate limits is potentially dangerous as that term is defined
herein, the Chief of Police or animal control officer for the Village
of Athens or his/her designee shall petition the Village Board for
the Village of Athens for a hearing for the purpose of determining
whether or not the dog or other animal in question should be declared
potentially dangerous. Whenever possible, any complaint received from
a member of the public which serves as part of the evidentiary basis
for the animal control officer or law enforcement officer to find
probable cause shall be sworn to and verified by the complainant and
shall be attached to the aforementioned petition. Notice of the hearing
before the Village Board shall be given to the owner, caretaker or
keeper of the dog or animal in question no less than seven days prior
to said hearing, with said notice, together with a copy of the petition,
and all sworn complaints to be either served personally or by first-class
mail with return receipt requested. All hearings under this section
shall be open to the public.
(b)
The hearing body, which shall be the Village Board for the Village
of Athens, may admit all relevant documents and testimony into evidence,
including incident reports and affidavits of witnesses, photographs,
and personal testimony. The Village Board for the Village of Athens
shall be the exclusive trier of the issue of whether a dog or other
animal is determined to be potentially dangerous. For the Village
Board of the Village of Athens to determine that a dog or other animal
is potentially dangerous, there must be a preponderance of the evidence
to establish the same.
(c)
Any owner, harborer, keeper, caretaker, or other interested
party who is aggrieved by any decision of the Village Board under
this section shall have the right to appeal the same by filing an
action for certiorari with the Circuit Court no more than 30 days
from the date that said aggrieved person had received written notice
of the Village Board's decision on whether a dog or other animal
is potentially dangerous.
(d)
After the hearing conducted pursuant to Subsection D(2)(a) above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with Subsection D(2)(h) and (i) in accordance with the time schedule established by the Chief of Police or animal control officer of the Village of Athens, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.[1]
(e)
No dog or other animal may be declared potentially dangerous
if any injury or damage is sustained by a person who, at the time
the injury or damage was sustained, was committing a willful trespass
or other tort upon premises occupied by the owner, keeper, harborer
or caretaker of the dog or other animal, or was teasing, tormenting,
abusing, or assaulting the dog or other animal, or was committing
or attempting to commit a crime. No dog or other animal may be declared
potentially dangerous if the dog or other animal was protecting or
defending a person within the immediate vicinity of the dog from an
unjustified attack or assault. No dog or other animal may be declared
potentially dangerous if an injury or damage was sustained by a domestic
animal which, at the time of the injury, or damage was sustained,
was teasing, tormenting, abusing or assaulting the dog or other animal.
(f)
No dog or other animal may be declared potentially dangerous
if the injury or damage to a domestic animal was sustained while the
dog was working as a hunting dog, herding dog, or predator control
dog on the property of or under the control of its owner, keeper,
harborer or caretaker, and the damage or injury was to a species or
type of domestic animal appropriate to the work of the dog.
(g)
No dog or other animal may be declared potentially dangerous
if the injury or damage to another domestic animal was sustained while
on the property or premises of the owner, harborer, keeper or caretaker
of the dog or other animal, and the injured domestic dog or animal
was upon the property not owned or maintained by the owner of the
injured or damaged domestic animal.
(h)
All potentially dangerous dogs or other animals shall be properly
licensed and vaccinated. The licensing authority for the Village of
Athens shall include the potentially dangerous designation in the
registration records of the dog, either after the owner or keeper
of the dog has agreed to the designation or the Village Board, after
hearing, has determined the designation applies to the dog. The Village
of Athens may charge a potentially dangerous dog fee in addition to
the regular licensing fee so as to provide for the increased cost
of maintaining the records of the dog.
(i)
A potentially dangerous dog or other animal, while on the owner's
property, shall, at all times, be kept indoors or in a securely fenced
yard from which the dog cannot escape and into which children cannot
trespass. A potentially dangerous dog or other animal may be off the
owner's premises only if it is restrained by a substantial leash,
of appropriate length, and muzzled, and if it is under the control
and supervision of a responsible adult while being restrained by said
leash and muzzle.
(j)
If a potentially dangerous dog or other animal dies, or is sold,
transferred or permanently removed from the Village of Athens where
the owner, harborer, keeper or caretaker so resides, said person who
owns, keeps, harbors, or caretakes a potentially dangerous dog or
other animal shall notify the Chief of Police for the Village of Athens
or the animal control officer of the change in condition or new location
of the potentially dangerous dog or other animal in writing within
48 hours of said dog or other animal's removal.[2]
E.
Penalty for violations of Subsection D(2); removal. Any person or entity convicted of violating Subsection D(2) shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of Subsection D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of Subsection D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Athens, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Athens to enforce or effectuate the Village of Athens ordinances may impound any dog or other animal which is subject to Subsection D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Athens limits within seven days of impoundment. In the event that any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Athens shall be authorized to destroy said animal.
F.
Unleashed dogs or other animals running at large.
(1)
No owner, keeper, harborer or caretaker of any dog or other animal
shall permit the same to be unleashed or unrestrained at any time
said dog or other animal is not on the owner's, keeper's,
harborer's, or caretaker's property or premises and which
is upon any public street, alley, right-of-way or any school ground,
public park, cemetery or other public or private property without
the permission of the owner or occupier of the property.
(2)
A dog or other animal shall not be considered unleashed or unrestrained
and at large which is leashed or otherwise restrained by any device
that is less than 10 feet in length, which is of sufficient strength
to restrain and control said dog or other animal, and is held by a
person competent to govern and control said animal, who has obtained
the age of 10 years or more, and is able to prevent said dog or animal
from annoying or worrying pedestrians or from trespassing on private
or public property. Furthermore, a dog or other animal is not unleashed
or uncontrolled and at large if it is properly restrained within a
motor vehicle.[3]
G.
Owner's liability for damage caused by dogs or other animals;
penalties. The provisions of § 174.02, Wis. Stats., relating
to the owner's liability for damage caused by dogs and other
animals, together with the penalties therein set forth, are hereby
adopted and incorporated herein by reference.
A.
Animal control agency.
(1)
The Village of Athens 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 Village of Athens 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 penalty herein 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 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 officer must see or hear the violation of this section
or have in his/her 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 animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States Mail, if such owner
is known to the officer or can be ascertained with reasonable effort,
but if such owner is unknown or unascertainable, the officer shall
post written notice in three public places in the Village, giving
a description of the animal and stating where it is impounded and
the conditions for its release, after the officer or warden 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 that if an animal before
being impounded has bitten a person, the animal shall be retained
in the animal shelter for 10 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
or impounding agency. 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 does not reclaim the animal
within seven days, the animal control officer may sell the animal
to any willing buyer.
E.
Village not liable for impounded 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.
Every owner or person harboring or keeping a dog, cat, ferret
or other domesticated animal who knows that such dog, cat, ferret
or other domesticated animal has bitten any person shall immediately
report such fact to Village law enforcement officers and shall keep
such dog, cat, ferret or other domesticated animal confined for not
less than 10 days or for such period of time as directed. The owner
or keeper of any such dog, cat, ferret or other domesticated animal
shall surrender the dog, cat, ferret or other domesticated animal
to a law enforcement or humane officer upon demand for examination.
A.
Keeping of certain dogs prohibited. Except as provided herein, it shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the Village of Athens any regulated dog, provided that regulated dogs complying with the provisions of this section may be kept within the Village subject to the standards and requirements set forth in Subsection B of this section. There shall be a presumption that any dog which substantially conforms to or exhibits the distinguishing characteristics or substantially conforms to the standards describing the physical characteristics as recognized by the American Kennel Club, the United Kennel Club, or Continental Kennel Club for a particular breed which is regulated by this section shall be deemed a dog of the breed so regulated. "Regulated 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)
The Perro de Presa Canario breed of dog, otherwise known as "Presa
Canario," also known as "canary dog" or "Presa dog."
(5)
The Rottweiler breed of dog.
(6)
The Rhodesian Ridgeback breed of dog.
(7)
The Mastiff breed of dog.
(8)
Any dog which has the appearance and characteristic of being predominantly
of any of the above-listed breeds of dog.
B.
Keeping of regulated dogs. The provisions of Subsection A are not applicable to parties who own, keep or harbor regulated dogs within the Village of Athens, provided that there is full compliance with the following conditions:
(1)
Leash and muzzle. No person shall permit a regulated 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 regulated
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 regulated 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 regulated 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, building and health regulations of the Village and shall be kept in a clean and sanitary condition.
(3)
Confinement indoors. No regulated 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)
Insurance.
(a)
All owners, keepers or harborers of regulated dogs must within
30 days of the effective date of this section provide proof to the
Clerk of public liability insurance in the amount of $1,000,000 combined
single limit.
[Amended 5-20-2013]
(b)
The Village of Athens shall be named as an additional insured
under such insurance. and a copy of the current in-force policy shall
be deposited with the Clerk. Such insurance policy shall provide that
no cancellation of the policy will be made unless 10 days' written
notice is first given to the Clerk.
(5)
Registration. All owners, keepers or harborers of regulated dogs
shall, within 30 days after the effective date of this section, register
said dog with the Village by filing with the Village Clerk two color
photographs of the dog clearly showing the color and approximate size
of the dog. There shall be a registration fee as prescribed in the
Village Fee Schedule.
(6)
Reporting requirements. All owners, keepers or harborers of registered
regulated dogs must, within 10 days of the incident, report the following
information in writing to the Village Clerk:
(a)
The removal from the Village or death of a registered regulated
dog.
(b)
The birth of offspring of a registered regulated dog.
(c)
The new address of a registered regulated dog should the dog
be moved within the Village of Athens.
(d)
If the registered regulated dog is sold, the name and address
of the new owner.
A.
CANINE ANIMAL
COYOTE
DINGO
DOMESTICATED DOG
JACKAL
WOLF
WOLF/DOG HYBRID
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all members of the family Canidae except foxes.
Canis latrans.
Canis dingo.
Canis familiaris.
Canis aurens.
Includes both Canis lupus and Canis niger.
Any cross-breed resulting from the mating of a domesticated
dog and a wolf, coyote, jackal or dingo or resulting from the mating
of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated
dog.
B.
Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Village of Athens any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2006. This prohibition shall not apply to animals being transported through the limits of the Village of Athens within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Village of Athens before it has reached the age of five months. Wolf/dog hybrids permitted in the Village of Athens shall be confined as set forth in this section.
C.
Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Village of Athens which has not been registered on or before January 30, 2006, that person shall, to the satisfaction of the court, remove said animal from the Village of Athens until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, said animal may be impounded as directed by the Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection K on or before January 30, 2006, it shall be removed from and not returned to the Village of Athens.
D.
Confinement requirements. The owner of any wolf/dog hybrid permitted
to be kept in the Village of Athens, and the owner of any property
on which such wolf/dog hybrid is kept, shall see that the animal is
at all times confined according to the minimum requirements of this
section. A wolf/dog hybrid may be kept only in enclosures that meet
the following minimum requirements:
(1)
The first enclosure shall be constructed of not less than nine-gauge
galvanized chain-link fencing, with mesh openings not greater than
two inches, which shall be securely anchored by stainless steel or
copper rings, placed at intervals not greater than six inches apart,
to a poured concrete base as described herein. Such enclosure shall
be not less than 500 square feet in area, plus 250 square feet for
each additional canine animal kept therein. Such enclosure shall be
the location in which any wolf/dog hybrid is primarily kept.
(2)
The first enclosure shall extend to a height of not less than eight
feet and shall be surrounded from ground level to a height of not
less than four feet by one-fourth-inch galvanized mesh screening.
(3)
The first enclosure shall have a full top, which shall also be constructed
of not less than nine-gauge chain-link fencing with mesh openings
not greater than two inches, and which shall be securely anchored
to the sides of the enclosure. The entire base of the first enclosure
shall be a poured concrete slab floor at least four inches thick.
(4)
The second enclosure shall consist of a securely anchored fence at
least six feet in height, which shall entirely surround the first
enclosure, and no part of which shall be nearer than six feet to any
part of the first enclosure. Said fence shall be a "vision barrier"
fence, no more than 5% open for through vision; except, however, that
the portion of said fence facing the dwelling of the owner of said
animals or of the property on which they are kept shall be constructed
of not less than nine-gauge chain-link fencing, to provide for observation
of said animals. If any portion of said fence is made of wood, the
finished or painted side thereof shall face outward from the first
enclosure.
(5)
Both enclosures shall be kept locked with case-hardened locks at
all times when an animal is unattended by an adult. The first (innermost)
enclosure shall have double entrance gates or doors situated and constructed
in such a fashion as to prevent an animal from escaping past an open
gate or door. The gates or doors providing access to the first (innermost)
enclosure shall be spring-loaded, so as to shut on their own accord
behind anyone entering that enclosure.
(6)
Within the first enclosure, shelter shall be provided adequate to
protect the animals confined against weather extremes. The first enclosure
shall be regularly cleaned to remove excreta and other waste materials,
dirt and trash, in a manner adequate to minimize health hazards and
avoid offensive odors.
E.
Transportation and muzzling of animals. A wolf/dog hybrid may be
transported only if confined in a secure, locked container, covered
with one-fourth-inch galvanized fine mesh screen. This subsection
shall not prohibit the walking of such animals, provided that they
are muzzled and restrained by a leather lead, at least one inch in
diameter and not exceeding three feet in length, attached to a metal
choker-type collar, under the control of an adult. The muzzle must
be made in a manner that will not cause injury to the wolf/dog hybrid
or unduly interfere with its vision or respiration but will prevent
it from biting any person or animal.
F.
Right of inspection. To ensure compliance with this section, any
person possessing any registration papers, certificate, advertisement
or other written evidence relating to the bloodlines or ownership
of a canine animal found within the Village shall produce the same
for inspection on demand of any law enforcement, conservation or public
health officer or court.
G.
Limitation on numbers. No person shall own, harbor or keep in his/her
possession on any one parcel of property more than two wolf/dog hybrids
over five months of age at any one time, nor shall any person retain
a litter or portion of a litter of wolf/dog hybrids longer than five
months.
H.
Veterinary exception. The foregoing provisions of this section shall
not apply to doctors of veterinary medicine in temporary possession
of wolf/dog hybrids in the ordinary course of their practice.
I.
Abandonment or negligent release. No person shall willfully or negligently
release or abandon a wolf/dog hybrid as defined herein within the
Village.
J.
Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Village of Athens on the date of passage of this section, Subsection D shall take effect on January 30, 2006; for all other persons, said subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.
K.
Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in
the Village of Athens shall, on or before January 30, 2006, and annually
thereafter on or before January 30 of each year, register such animal
and provide a current color photograph of such animal with the Village
Clerk's office and pay a registration fee as prescribed in the
Village Fee Schedule. At the time of registration, each owner of any
wolf/dog hybrid kept within the Village limits shall provide to the
Village Clerk proof of liability insurance in the amount of at least
$1,000,000 for any acts of property damage, personal injury or other
liability incurred by virtue of any injury or damage inflicted by
such wolf/dog hybrid. Such insurance shall name the Village of Athens
as coinsured solely for the purpose of notice of cancellation of such
insurance policy.
L.
Warning sign. The owner or keeper of a wolf/dog hybrid shall display
on the premises on which such animal is kept signs warning that there
is a wolf/dog hybrid on the property as provided herein. Such signs
shall be visible and capable of being read within at least 20 feet
of their placement, but shall not be more than two square feet in
area, and shall state in bold, capital letters, on a white background,
the following: "WARNING — WOLF/DOG HYBRID PRESENT." One such
sign shall be placed in the front yard of any property on which any
wolf/dog hybrid is kept, and additional such signs shall be placed
on all gates or doors providing access through the second (outermost)
enclosure required above.
A.
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, potbellied pig, 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 or to
the designated fairgrounds when a fair is in progress.
B.
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of the dog, cat or other animal must also prevent
accumulation of animal waste on his/her own property by regularly
patrolling and properly disposing of the fecal matter.
C.
Horse excrement. Riders of horses and operators of horse-drawn vehicles
utilizing Village streets shall equip all horses, mules, ponies and
other such animals with adequate devices to prevent manure and other
excrement from falling upon the streets of the Village. Any excrement
which should fall upon the streets of the Village shall be immediately
removed by the person controlling the animal or shall be removed by
the Village at the expense of such person.
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.
It shall be unlawful for any person knowingly to 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. The owner
of a dog or cat is considered to be in violation of this section when
two formal, written complaints are filed with Village law enforcement
officers within a four-week period.
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), 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 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.
B.
Exceptions. The provisions of Subsections A and C herein 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 any person or organization licensed to present a circus. However, such facilities shall comply with Village zoning requirements.
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/her
control within the Village 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 possession or under his/her
control within the Village any of the following animals, reptiles
or insects:
(1)
All poisonous animals and reptiles.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Coyotes (Canis latrans).
(9)
Deer (Cervidae); includes all members of the deer family; for example,
whitetailed deer, elk, antelope and moose.
(10)
Elephants (Elephas and Loxodonta).
(11)
Game cocks and other fighting birds.
(12)
Hippopotami (Hippopotamidae).
(13)
Hyenas (Hyaenidae).
(14)
Jaguars (Panthera onca).
(15)
Leopards (Panthera pardus).
(16)
Lions (Panthera leo).
(17)
Lynxes (Lynx).
(18)
Monkeys, old world (Cercopithecidae).
(19)
Ostriches (Struthio).
(20)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(21)
Rhinoceroses (Rhinocerotidae).
(22)
Snow leopards (Panthera uncia).
(23)
Tigers (Panthera tigris).
(24)
Wolves (Canis lupus).
(25)
Poisonous insects.
D.
Snakes.
(1)
For purposes of this subsection, "poisonous" shall mean having the
ability to cause serious harm or death by the transfer of venom or
poison to a person or animal.
(2)
No person shall keep or possess any snake in the Village which is
poisonous or in excess of 10 feet in length. This prohibition shall
not apply to bona fide zoos, educational institutions or exhibitions
keeping such snakes for display or for instructional or research purposes.
Any person legally possessing any such animal in this capacity shall
notify the Chief of Police in writing of the location and type of
snake being kept and the purpose for such possession.
E.
Exceptions; animal trials; wildlife rehabilitators.
(1)
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:
(b)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(c)
Animals are maintained in quarters so constructed as to prevent their
escape.
(d)
No person lives or resides within 75 feet of the quarters in which
the animals are kept.
(2)
The prohibitions in this section shall not apply to animals in the
possession of a wildlife rehabilitator who is licensed by the State
of Wisconsin, Department of Natural Resources, while such animal is
being lawfully nurtured or rehabilitated for release in the wild.
No animal may be kept under this exception for a period of more than
55 days. No animal may be kept under this exception that poses a danger
to the community.
F.
Farm animals; miniature pigs. Except as provided in § 169-21 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 (more than two female chickens) or rabbits (more than four). For purposes of this subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets.
[Amended 10-22-2018[1]]
[Amended 1-23-2017]
All dogs and domesticated animals shall be cared for, maintained
and handled in a humane and sanitary manner and in such a way as to
prevent noises, barking, fighting or howling or other disturbance
of the peace and quiet of the neighborhood. No domestic animal shall
be abandoned or turned loose by its owner or keeper. No animal shall
be inhumanely confined in a manner which causes or is likely to cause
pain, suffering, injury or death.[1]
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 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 Village or any animal control
agency with which 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 law enforcement or animal control 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
nest or bird's eggs.
A.
Purpose. The keeping of a large number of dogs and cats within the
Village of Athens 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 a total of three dogs or three cats, or a combined total of four
dogs and cats, on any residential lot without the prior approval by
the Village Board, 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.[1]
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on Village-owned land within the Village of
Athens, 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 on Village-owned
property 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.
Nothing in this section shall prohibit or hinder the Village of Athens
or its employees or agents from performing their official duties.
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:
A.
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.
B.
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.
C.
Fresh, clean watering facilities for bees shall be provided on said
premises.
D.
The bees and equipment shall be kept in accordance with the provisions
of state law.
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 Village of Athens limits
a Vietnamese potbellied pig without first having obtained a license
from the Village Clerk and being in compliance with all provisions
of this section. The fee for a license issued hereunder or renewal
thereof shall be as prescribed in the Village Fee Schedule per calendar
year or fraction thereof. Excepted from the license requirement is
any law enforcement agency or agency under contract with the Village
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 Village Clerk a fully executed application on
a form prescribed by the Village Clerk, accompanied by the annual
license fee.
(2)
No license or renewal thereof shall issue hereunder until:
(a)
A certificate of purebred registration is filed with the Village
Clerk.
(b)
There has been an inspection by a Village law enforcement officer
of the premises being licensed and a determination by said officer
that all requirements of this section, and other applicable general
and zoning ordinances, have been met.[2]
(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 for another location.
(4)
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any Village 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. The 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 or 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 application 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 Village
President or Village law enforcement officers 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 Village, 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 Village Board by filing a request within 10 days of
such notice.
The following penalties shall apply to violations of this chapter
where no other penalty is prescribed:
A.
Any person violating § 169-9, 169-15, 169-16, 169-17, 169-18, 169-19, 169-20 or 169-21 shall be subject to a forfeiture of not less than $50 and not more than $200. 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 §§ 169-2, 169-3, 169-4 and 169-5 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 § 169-5 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.
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, impoundment
and removal from the Village by Village officials in the event the
owner or keeper of the dog fails to remove the dog from the Village.
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.
