Village of Allouez, WI Chapter 151 Animals

[HISTORY: Adopted by the Village Board of the Village of Allouez as Ch. 6 of the Village Code. Amendments noted where applicable.]

§ 151-1 Cruelty to animals.

No person shall cruelly treat, inhumanely beat, underfeed, overload, or abandon any animal in the Village. No person shall cause or allow any place where any animal is or may be kept to become unclean or unwholesome.

§ 151-2 Animals at large.

A. No person shall permit any of the following to run at large within the Village:

(1) Any dangerous, vicious, or ferae naturae animal, bird, or reptile.

(2) Any animal, bird, or reptile which has or is a carrier of contagious or infectious disease.

(3) Any dog or cat.

B. No person shall suffer or permit any animal of which he or she is the owner or custodian to be at large within the Village. An animal is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.[1]

[1] Editor’s Note: Former Subsection C, regarding cats enrolled in a qualified TNR program, which immediately followed, was repealed 12-3-2019 by Ord. No. 2019-13.

§ 151-3 Authorization to kill dangerous animals.

Members of the Brown County Sheriff's Department, or any peace or health officer in the Village, 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.

§ 151-4 Noisy animals.

No person shall harbor or keep any animal, bird or reptile which disturbs the peace by loud or unusual noises at any time of the day or night.

§ 151-5 Dog licenses and vaccinations.

[Amended 11-5-2019 by Ord. No. 2019-07; 12-3-2019 by Ord. No. 2019-13]

A. License required. The owner of a dog more than five months of age on January 1 of any year, or five months of age within the license year, on or before the date the dog becomes five months of age, shall pay annually the dog license tax and obtain a license as provided herein. The word "owner" shall include every person who owns, harbors, or keeps a dog.

B. Tax. For licensing taxes, refer to Chapter 225, Fees and Charges. The license year commences on January 1 and ends on the following December 31. Every dog specifically trained to lead blind or deaf persons or to provide support of mobility-impaired persons is exempt from the dog license tax but must be licensed, and every person owning such a dog shall receive annually a free dog license from the Village Clerk-Treasurer.

C. Late fee. The Village Clerk-Treasurer shall assess and collect a late fee as outlined in Chapter 225, Fees and Charges, from every owner of a dog five months of age or over if the owner failed to obtain a license:

(1) Prior to April 1 of each year;

(2) Within 30 days of acquiring ownership of a licensable dog; or

(3) On or before the day the dog attained the age of five months.

D. Issuance of licenses and collar tags.

(1) Issuance of licenses. Upon payment of the required dog license tax, when required, and the presentation of appropriate evidence that the dog is currently immunized against rabies, the Village Clerk-Treasurer shall complete and issue to the owner a license for the dog bearing a serial number and in the form prescribed by the State of Wisconsin stating the date of its expiration, the owner's name and address, and the name, sex, spayed or unspayed, neutered or unneutered, breed, and color of the dog. The Village Clerk-Treasurer shall keep a duplicate copy of the license on file.

(2) Collar tags. After issuing the license, the Village Clerk-Treasurer shall deliver to the owner a tag of durable material bearing the same serial number as the license and specifying the license year. The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog to which the license 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 to a fenced area. In the event of loss or damage, a replacement tag shall be furnished to the owner by the Village Clerk-Treasurer in place of the original tag upon presentation of the license and payment of a fee as outlined in Chapter 225, Fees and Charges. The Village Clerk-Treasurer shall then endorse the new tag number on the license and keep a record on file.

§ 151-6 Dogs and cats in parks or off premises of owner.

A. No person owning or in possession of any dog, cat, or domestic pet shall suffer or permit such pet to enter or remain within the area of any park, parkway, or other land owned or under lease to the Village for recreational purposes, or upon any unpaved portion lying within the boundaries of any public street, without having said animal restrained at all times by a leash no more than six feet in length (see Subsection C). Pets shall not be allowed in park buildings, playgrounds, picnic areas, or sport fields. Exceptions:

[Amended 6-7-2016 by Ord. No. 2016-08]

(1) Service animals that are ADA qualified and trained are allowed as needed.

(2) Special event purposes with the approval of the Village.

(3) Goose patrol with permit.

(4) With authorization from the Village.

B. 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. 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 defecation which may be deposited by such animal. This subsection shall not apply to service animals as defined in § 106.52(1), Wis. Stats.

[Amended 2-7-2017 by Ord. No. 2017-02]

C. Any animal allowed to leave the boundaries of the property of the owner or custodian shall be under the immediate control of a person by means of a rope, chain, cord or leash which is not more than six feet in length and which is of sufficient strength to control the actions of the animal.

D. No person having in his possession or under his control any animal shall allow the same to threaten to attack individuals who are passing or present on public or private walkways or property unless restrained by a solid fence sufficient to contain the animal.

§ 151-7 Nuisance animals.

Whereas animals, birds, and reptiles may have propensities to or may otherwise cause noise or odor, or perform actions which may disturb persons in the reasonable use and enjoyment of property, or cause annoyance, discomfort or injury to the health or welfare of persons, the keeping of any animal, bird or reptile in conflict with any provision of this chapter is declared to be a public nuisance, and such animal, bird or reptile may be impounded as provided by law.

§ 151-8 Animals suspected of biting people.

A. All incidents occurring in the Village where any animal bites a person or is suspected of biting a person shall be immediately reported to the Brown County Health Department or to the Brown County Sheriff's Department by any person having knowledge of such incident.

B. Any animal which bites a person in the Village, if it can be found, shall be quarantined for 10 days from the date of the bite for the purpose of observation for the possibility of infection with the virus of rabies.

[Amended 11-5-2019 by Ord. No. 2019-07]

C. Such quarantine shall be effected as directed by the Brown County Health Commissioner or his representative and may be:

(1) Confinement of the animal to a structure or enclosure which is adequate to restrain the animal on the premises of the owner or his agent;

(2) Confinement of the animal at the Humane Society;

(3) Confinement of the animal with a licensed veterinarian; or

(4) Confinement of the animal at an animal hospital or boarding facility approved by the Brown County Health Commissioner.

D. No animal which is known or suspected to have bitten a person in the Village of Allouez shall be destroyed until after the ten-day quarantine period required in Subsection B has elapsed, unless it cannot be apprehended safely, in which case destruction shall be accomplished without damage to the head of the animal if at all possible. The Brown County Health Commissioner shall be immediately notified of such destruction of an animal, and the dead animal shall not be disposed of until such specimens as the Brown County Health Commissioner shall direct have been obtained and permission is given to dispose of the dead animal.

[Amended 11-5-2019 by Ord. No. 2019-07]

E. If an animal which has been quarantined in accordance with this section dies during the quarantine period, the person having custody of the animal shall immediately notify the Brown County Health Commissioner and shall not destroy or dispose of the dead animal until after such specimens as the Brown County Health Commissioner shall direct have been obtained and permission is given to dispose of the dead animal.

§ 151-9 Dangerous dogs.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

DANGEROUS DOG

Any dog which:

[Amended 11-5-2019 by Ord. No. 2019-07]

(1) Without provocation, while not under the control of its owner, chases, confronts, or approaches a person in a menacing fashion.

(2) When unprovoked and while off its owner's property, approaches a domestic animal in a menacing fashion.

(3) When unprovoked, causes a nonsevere, nonbite injury in a menacing fashion to any person or domestic animal.

(4) Attacks a human being or another domestic animal without provocation.

DOMESTIC ANIMAL

Domesticated dogs and cats or other animals or fowl governed by this chapter.

MENACING FASHION

Demonstrating an intent or desire to cause injury by one or more of the following actions:

(1) An attempt to bite a person or another animal in such a fashion to show plainly to a reasonable person an unfriendly intent and put him in fear of attack.

(2) Growling or barking in an unfriendly manner while approaching or chasing a person or another animal.

(3) Growling or barking in an unfriendly manner while making physical contact with a person or another animal.

OFFICER

Any peace officer or a Brown County Sheriff's Department officer or Village of Allouez Code and Safety Enforcement Coordinator and Animal Control/Humane Officer.

OWNER

Any person, firm, corporation, or other organization owning, keeping, possessing, harboring, controlling, or having the care or custody, whether temporarily or permanently, of a dog or dogs.

PROVOKED

Any attack by an animal or physical injury caused by an animal shall be considered provoked if at the time the attack occurs or the injury is inflicted:

(1) The person who was attacked or injured was teasing, tormenting, abusing, or assaulting the animal;

(2) The animal was protecting a person, itself, its young or another domestic animal from an attack by a human being or another animal; or

(3) The person who was attacked or injured was committing a crime on the property of the animal's owner.

B. Dangerous dogs prohibited. No person shall own, keep, possess, return to, or harbor a dangerous dog within the Village. Any person who owns, keeps, possesses, harbors, or returns any dangerous dog to the Village, after it has been declared to be dangerous by an animal control/humane officer, owner's omission, quasi-judicial hearing, another Wisconsin municipality or appeal, shall be subject to a forfeiture of not less than $500 nor more than $1,000.

C. An owner may be allowed to keep a dog designated dangerous in the Village of Allouez if the following requirements are adhered to:

[Added 11-5-2019 by Ord. No. 2019-07[1]]

(1) Requirements and prohibitions.

(a) Leash and muzzle. No person owning, harboring or having the care of a dangerous dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a dangerous 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. The dog may not be leashed to inanimate objects such as trees, posts and buildings. A dangerous dog on a leash outside the dog's kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A dangerous dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the Animal Control/Humane Officer.

(b) Confinement. All dangerous 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 C(1)(a) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(c) Confinement indoors. No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its volition. No dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(d) Prohibited in multiple dwellings. No dangerous dog may be kept within any portion of any multiple building.

(e) Signs. All owners, keepers or harborer of dangerous dogs shall, within 15 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 Dangerous Dog." A similar sign is required to be posted on the kennel or pen of the dog.

(f) Insurance. All owners, keepers or harborer of dangerous dogs shall, within 30 days of the effective date of this section, provide proof to the Animal Control/Humane Officer of public liability insurance in a single incident amount of $1,000,000 for bodily injury to or death of any person or for the damage to property owned by any person which may result from the ownership, keeping or maintenance of dangerous dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a ten-day written notice is first given to any designated officer. The owner or custodian of the dog shall produce evidence of the required insurance upon request of any officer. This subsection does not apply to dogs kept by law enforcement agencies.

[1] Editor's Note: This ordinance also renumbered former Subsections C through E as Subsections D through F, respectively.

D. Procedure for declaring a dog dangerous.

(1) An animal control/humane officer may determine a dog to be dangerous whenever, upon investigation, that officer finds that the dog meets the definition of "dangerous dog" as delineated in Subsection A.

(2) The animal control/humane officer, upon making the determination that a dog is dangerous, shall issue a written order declaring the dog to be dangerous and demanding that the owner of the dangerous dog remove it from the Village within five days.

(3) If the owner objects to the declaration he or she may file a written objection contesting the declaration with the Village Clerk-Treasurer within five days of receiving the written declaration.

(4) Upon receipt of the owner's written objection within the prescribed five days, the matter shall be placed on the soonest Public Works Committee meeting agenda practicable for review.

[Amended 2-7-2017 by Ord. No. 2017-02]

(5) The Public Works Committee shall act as a quasi-judicial body allowing the animal's owner an opportunity to present evidence as to why the animal should not be declared a prohibited dangerous dog.

[Amended 2-7-2017 by Ord. No. 2017-02]

(6) Pending the outcome of the hearing, the animal may be confined subject to § 173.21, Wis. Stats., or held at a location outside the Village limits at the owner's expense.

(7) After the hearing, once the Public Works Committee has made a decision, the owner shall be immediately notified of the decision in writing by certified mail. If a decision is made that the animal is a prohibited dangerous dog, the owner shall comply with the order to remove the dog from the Village within five days after receiving the written decision, if not already removed.

[Amended 2-7-2017 by Ord. No. 2017-02]

(8) If the owner further contests the Public Works Committee's decision, he or she may, within five days of receiving the written decision, seek review of the decision by the Circuit Court.

[Amended 2-7-2017 by Ord. No. 2017-02]

(9) If the declared dangerous dog is not removed or contained as prescribed in § 151-9C from the Village within five days of it being declared dangerous by the animal control/humane officer, owner's omission, quasi-judicial hearing, another Wisconsin municipality or appeal, it may be seized and ordered destroyed pursuant to § 174.02(3), Wis. Stats.

[Amended 2-7-2017 by Ord. No. 2017-02; 11-5-2019 by Ord. No. 2019-07]

E. Manner and procedure for destruction of dangerous dogs. Whenever an officer or veterinarian is required to destroy a dangerous dog, the animal shall be destroyed in a humane manner which avoids damage to the animal's head.

F. Exemption for law enforcement dogs. The provisions of this section regarding dangerous dogs shall not apply to dogs owned by law enforcement agencies and used for law enforcement purposes.

§ 151-10 Beekeeping.

[Amended 4-19-2016 by Ord. No. 2016-01; 5-3-2016 by Ord. No. 2016-04; 2-7-2017 by Ord. No. 2017-02; 1-16-2018 by Ord. No. 2018-04]

A. On Village-owned property.

(1) Definitions. For the purposes of this section, the following terms have the meanings indicated:

APIARY

The assembly of one or more colonies of honey bees at a single location.

BEEKEEPER

A person who owns or has charge of one or more colonies of honey or mason bees.

BEEKEEPING EQUIPMENT

Any item used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

COLONY

A hive and its equipment and appurtenances, including honey bees, comb, honey pollen and brood.

HIVE

The receptacle inhabited by a colony that is manufactured or created for that purpose.

HONEY BEE

All life stages of and is limited to the common domestic honey bee, Apis mellifera species of European origin. The Africanized honey bee is prohibited.

LOT

A contiguous parcel of land under Village of Allouez ownership.

MASON BEE

All life stages of and is limited to genus Osmia.

NUCLEUS COLONY

A small quantity of honey bees with a queen housed in a smaller-than-usual hive box designed for a particular purpose.

(2) Permit and fees required.

(a) Only honey bees and mason bees (hereinafter referred to collectively and individually as "bees") may be kept in the Village on Village-owned property under this section.

(b) Persons that keep bees within the limits of the Village must first obtain a permit. No person shall keep, maintain, or allow to be kept any hive or other facility for the housing of honey bees on or in any Village-owned property in the Village of Allouez without first obtaining a permit.

(c) Applications for a permit to keep or maintain bees will be made on such forms as provided by the Village Clerk-Treasurer's office.

(d) A permit fee shall be as determined by resolution of the Village Board and then as stated in Chapter 225, Fees and Charges.

(e) Permits shall not be transferable or refundable.

(f) All permits issued shall expire on December 31 of the year of issuance unless sooner revoked.

(g) Applicants shall provide the following information on the original application: a detailed lot diagram of the beekeeping equipment location on Village-owned property, including the distances to property lines and from nearby structures on neighboring properties.

(h) The applicant shall provide an affidavit of knowledge or proof of sponsorship and beekeeping education/training from a local technical college, university or beekeeping association or organization to obtain competency in beekeeping.

(i) New permits may only be granted subject to the successful completion of the Village of Allouez Code Enforcement Coordinator pre-inspection.

(3) Conditions for keeping and maintaining hives.

(a) Approval of a permit application for Village-owned property is subject to reasonable restrictions, limitations, conditions, or prohibitions prescribed by the Village Board. Any approved permit shall specify any restrictions, limitations, conditions or prohibitions deemed necessary by the Code Enforcement Coordinator to safeguard public health and the general welfare and deemed necessary to reduce the likelihood of public or private nuisance.

(b) Beekeeping shall be allowed only on Village-owned property and those locations designated by the Village on Village property. No more than one beekeeper and three beehives shall be allowed per parcel.

(c) Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

(d) Each beekeeper shall ensure that a sufficient and convenient source of fresh water is available to the colony.

(e) Each beekeeper shall ensure that no wax comb or other materials that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials, once removed from the site, shall be handled and stored in sealed containers or placed within a building or other insect-proof container.

(f) Each beekeeper shall maintain beekeeping equipment in good condition and secure unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honey bees.

(g) In apiaries, the beekeeper shall conspicuously post a sign including the words "HONEY BEE HIVE" and his/her name, clearly readable at 25 feet. A copy of the permit shall be placed in a conspicuous place on the hive.

(h) Village of Allouez staff shall have the right to inspect any permitted beekeeping equipment between 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper.

(i) Hives shall be actively maintained. Hives not under active human management and maintenance shall be deemed abandoned and dismantled or removed from Village property by the permit holder or by Village staff.

(j) In any instance in which a hive exhibits unusually aggressive characteristics, it shall be the duty of the beekeeper to destroy or requeen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

(k) In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.

(l) Beekeepers shall keep and maintain the following firefighting equipment, in good working condition, located at the apiary or in any motor vehicle used for apiary maintenance, so as to be immediately available in case of fire: a shovel, a fire extinguisher or backpack-type firefighting pump.

(m) Bee smokers. Beekeepers shall maintain apiaries free from fire hazards due to use of a bee smoker by complying with the following regulations:

[1] The bee smoker shall be plugged with a noncombustible or fire-resistive plug, such as metal or hardwood, while being transported to or from an apiary so as to prevent sparks or embers from escaping.

[2] During hand-carry transport of a bee smoker containing burning or smoldering substances to or from an apiary, the smoker shall be carried in a noncombustible secondary container with the lid securely fastened in the closed position to prevent the smoker from spilling its contents when tipped over.

[3] During motorized vehicle transport of a bee smoker containing burning or smoldering substances to or from an apiary, the smoker shall be placed in a noncombustible secondary container with the lid securely fastened in the closed position.

[4] All burning or smoldering substances within a bee smoker shall be completely extinguished with water and cold to touch after use.

(4) Suspension or revocation of permit. The Code Enforcement Coordinator may suspend or revoke any permit issued pursuant to this section for violations of ordinances, laws or requirements regulating activity and for other good cause.

(5) Appeals. Appeals of permit decisions, including permit denial, suspension or revocation, shall be before the Public Works Committee.

(6) Violations and penalties. Any person who violates this section shall pay a forfeiture of not less than $10 nor more than $1,000 for each violation. Each day a violation occurs or continues shall constitute a separate offense.

B. On private property.

(1) Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

APIARY

Colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations.

BEEKEEPER

A person who owns or has charge of one or more colonies of bees, or is requesting to own or take charge of one or more colonies of bees, and has demonstrated to the Code Enforcement Officer that he or she has obtained formal education or sufficient practical experience to act as a beekeeper. An applicant who fails to demonstrate the requisite training or experience will not be issued a beekeeping permit by the Village under Subsection A(2) of this section. The determination of whether the applicant has the requisite training and experience will be at the sole discretion of the Village Code Enforcement Officer.

COLONY

An aggregate of honey bees in a hive consisting principally of workers, but having, when perfect, one queen and at times many drones, including the brood.

FLYWAY BARRIER

An obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers must be six feet in height.

HIVE

The shelter housing a colony of bees, including the combs, honey, and pollen. "Hive" also includes the colony of bees where indicated by the context.

HONEY BEE

All life stages of the common domestic honey bee, Apis mellifera species.

LOT

A contiguous parcel of land under Village of Allouez ownership.

MASON BEE

All life stages of and is limited to genus Osmia.

NUCLEUS COLONY

A small quantity of honey bees with a queen housed in a smaller-than-usual hive box designed for a particular purpose.

(2) Permit required. No person shall acquire, keep, or stock honey bees in the Village without being a beekeeper and obtaining a valid permit issued by the Code Enforcement Officer. A permit shall be valid unless revoked pursuant to Subsection B(6). The permit process requires submission of a completed application accompanied with a fee as listed under the Village fee schedule. All permits issued shall expire on December 31 of the year of issuance unless revoked. Permit renewal requires submission of a completed application accompanied with the renewal fee. A late fee of two times the application fee along with the application fee shall be collected from every owner or keeper of honey bees if the owner or keeper fails to obtain a permit prior to acquiring the honey bees. Prior to issuance of a permit, the applicant shall submit to an inspection and demonstrate that all requirements of Subsections A(3) and B(3) are met.

(3) Proof of notification of adjoining neighbors and site plan. Before an initial or renewal permit is issued, applicants shall furnish to the Village an application, including written proof, in the form of certified letters or a completed Village of Allouez beekeeping neighbor notification form containing the neighbor's signed acknowledgement of notice receipt, that all residents of adjoining or diagonally abutting properties have been informed that the applicant has applied for a permit hereunder, and informing that any written objections to issuance of the permit should be submitted to the Village Code Enforcement Officer within 14 days of receipt of the application. The Village shall consider all objections and may deny a permit request based on neighbor objections. An applicant, if not the property owner, shall obtain the written consent of the property owner where the apiary shall be kept. An applicant must also submit a scaled dimensional drawing, showing all adjoining structures and property lines together with the proposed apiary, to the satisfaction of the Village.

(4) Permit not transferable. A permit provides permission for honey beekeeping at the address listed in the permit application only and by the permit holder only and shall not be transferred to any other person or location. The beekeeper must also notify the Code Enforcement Officer when a property is going to be vacated.

(5) Removal upon vacation of property. Upon vacating a property, the beekeeper must remove all apiary structures and bees from the property.

(6) Keeping of honey bee hives. A permit authorizes the keeping of honey bee hives on a premises, provided the following requirements are met:

(a) No more than two hives are allowed on one premises.

(b) No hive shall exceed 20 cubic feet in volume.

(c) Honey bees are limited to eastern European races of Apis mellifera.

(d) A minimum six-foot-high flyway barrier, consisting of either or some combination of closed fence, semisolid fence, dense vegetation, building, other solid flyway barrier or other barrier which the Code Enforcement Officer deems adequate, exists between the hive(s) and the property lines for all hives located within 20 feet of the property line. A flyway barrier is not required if the hive or hives are kept at least 10 feet off the ground.

(e) A constant and adequate supply of water shall be provided within the enclosure to prevent bees from seeking water sources at a nearby property. The water source shall be designed to allow honey bees to access water by landing on a hard surface. This provision shall not apply during the winter as defined as freezing temperatures.

(f) All honey bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.

(g) All hives and related structures that form the apiary shall be located a minimum of 10 feet from all property lines, unless the owner of the adjoining property has provided written permission for closer placement.

(h) All hives and related structures that form the apiary shall be located a minimum of 20 feet from all public sidewalks and may not be located in front or side yards.

(i) Hives shall be located a minimum of 25 feet from a neighbor's primary dwelling on any adjoining lots unless the owner of the adjoining property has provided written permission for closer hive placement.

(j) No honey bees shall be kept on any premises which is a multitenant facility or contains two or more dwelling units, unless consent is given by all tenants.

(k) Hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled or removed by the most-recent permit holder or by Village staff.

(l) In any instance in which a hive exhibits unusually aggressive characteristics, it shall be the duty of the beekeeper to destroy or requeen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.

(m) In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.

(7) Right of entry.

(a) The Code Enforcement Officer, or his or her designee, may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.

(b) If the Code Enforcement Officer, or his or her designee, finds any hive kept in violation of any requirements enumerated herein, in addition to any other remedy available under this Code, he/she may order the violation corrected within 14 days. Notice of violation shall be mailed to both the permit holder and the property owner on which the apiary is located. If the permit holder fails to correct the violation within 14 days, the hive in violation may be destroyed and/or removed from the municipality by the Village, and the cost thereof shall be charged back to the property owner as a special charge pursuant to Wis. Stats. § 66-0627.

(8) Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the Village determines that continued maintenance of the hive constitutes a reasonable threat to the general health or safety of others. Once a permit is revoked, a permit shall not be reissued.

§ 151-11 Keeping animals; hen license; limit on number of animals.

[Amended 11-15-2011; 10-15-2013; 5-17-2016 by Ord. No. 2016-06; 7-5-2016 by Ord. No. 2016-13; 2-7-2017 by Ord. No. 2017-02; 11-5-2019 by Ord. No. 2019-07; 3-15-2022 by Ord. No. 2022-05; 8-1-2023 by Ord. No. 2023-05]

A. The keeping and/or raising of farm animals, including but not limited to goats, pigs, cows, roosters, ponies, or horses, is hereby declared to be a public nuisance and is prohibited within any area zoned residential by the zoning regulations of the Village unless upon property constituting a farm of at least 10 contiguous acres. Hens may be kept with a license.

B. The keeping and/or raising of any animal, fowl, reptile, mammal, or bird which affects or disturbs the public health, public peace, public safety, or public decency is a public nuisance and is prohibited within the Village. No action shall be taken under this subsection unless and until the Village of Allouez Animal Control/Humane Officer has advised the Village Board that, after due investigation, he has ascertained that the raising and/or keeping of a particular animal, fowl, reptile, mammal, or bird within the Village of Allouez reasonably constitutes a condition which is detrimental to public health, safety, or welfare. For purposes of enforcing this subsection, the Village of Allouez Animal Control/Humane Officer may enter any premises for the purpose of inspection. Any person who violates any provision of this subsection shall be notified by the Village Board of the determination that a public nuisance exists on his premises. For purposes of the penalty for violation of this subsection, each day that such public nuisance continues after notification by the Board shall constitute a separate violation of this subsection.

C. Rehabilitators who are part of the Rehabilitation Program at the Green Bay Wildlife Sanctuary, who are trained and have the appropriate state or federal licenses, and who meet the standards set by the National Wildlife Rehabilitator Association are allowed to keep and rehabilitate the following injured birds, mammals, reptiles and amphibians for a period of no longer than 90 calendar days, at which time they are released back into the wild:

(1) Mammals, small to medium size. The largest would be a raccoon.

(2) Birds: songbirds, game birds, and waterfowl. Birds of prey are excluded.

(3) Reptiles and amphibians native to northeastern Wisconsin.

D. Rabbits and falcons shall be allowed on residentially zoned properties with a limit of two per parcel and shall be kept in a sanitary manner so as not to create a public nuisance.

E. No person shall own, harbor or keep in his or her possession more than six hens per any lot unless the petitioner provides signed letters (including name, address and phone) from all adjacent property owners indicating that there have not been any problems with animals at the requesting residence (i.e., excessive noise, animals running loose, unsanitary conditions) and that they approve of the additional number of animals being requested. The requested number of hens shall not exceed 12 hens per lot. Permission shall be obtained annually and submitted on the approved form with the hen license.

(1) The keeping of poultry hens shall be permitted subject to the following conditions. No person shall keep any rooster or other fowl.

(a) No person may slaughter any hen.

(b) Hens shall be provided with a covered enclosure and kept in a covered or fenced enclosure all the time.

(c) No permanent enclosure may be closer than 25 feet to any residential structure on adjacent lots or closer than 10 feet to any lot line unless the petitioner provides signed letters (including name, address and phone) from all adjacent property owners affected by the smaller setback. Permission shall be obtained annually and submitted on the approved form with the hen license.

(d) License required. The owner of any hen (female Gallus gallus domesticus) more than eight weeks of age shall annually, and on or before the date the hen becomes eight weeks of age, obtain a license. The word "owner" shall include every person who owns, harbors, or keeps a hen.

(e) Fee. Refer to Chapter 225, Fees and Charges. The license year commences on January 1 and ends on December 31.

(f) Late fee. The Village Clerk-Treasurer shall assess and collect a late fee as outlined in Chapter 225 from every owner of a hen(s) eight weeks 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 hen(s), or on or before the day the hen(s) attained the age of eight weeks.

(g) Issuance of licenses. Only one license may be issued to each parcel number. The applicant shall submit to an annual inspection by the Animal Control Officer or designee. The Village Clerk-Treasurer shall complete and issue to the owner a license stating the owner's name and address, parcel number, date of issuance, and date of license expiration. The Village Clerk-Treasurer shall keep a duplicate copy of the license on file. Evidence of a premises registration through the Wisconsin Department of Agriculture, Trade, and Consumer Protection is required to be submitted prior to issuance of a license.

(2) Construction of animal shelters. All coops, yards, pens or other structures wherein any hen is kept shall be constructed so as to be easily cleaned and kept in good repair. The inside and outside of such structures shall be whitewashed or painted as often as necessary to keep them clean or finished with such material as can be easily cleaned. All such structures shall be kept clean and sanitary and shall not cause any objectionable odor. All structures will be secured from predators.

(3) No person possessing a hen shall permit more than 24 hours of accumulation of such animal's manure to remain on property under the possessor's control.

(4) Hens are to be confined as provided in this chapter. Licenses can be pulled immediately for any violations.

(5) Right of entry.

(a) The Animal Control Officer, or designee, may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.

[1] The Animal Control Officer, or designee, will complete an annual inspection of each current license.

(b) If the Animal Control Officer, or designee, finds any coop kept in violation of any requirements enumerated herein, in addition to any other remedy available under this Code, he/she may order the violation corrected within 14 days. Notice of violation shall be mailed to both the permit holder and the property owner on which the coop is located. If the permit holder fails to correct the violation within 14 days, the coop in violation may be destroyed and/or removed from the municipality by the Village, and the cost thereof shall be charged back to the property owner as a special charge pursuant to Wis. Stats. § 66-0627.

(c) Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the Village determines that continued maintenance of the coop constitutes a reasonable threat to the general health or safety of others. Once a permit is revoked, a permit shall not be reissued.

F. No person shall own, harbor or keep in his possession more than two cats and two dogs on any lot zoned as residential, unless otherwise below.

(1) A litter of pups or kittens, or a portion of a litter, may be kept for a period of time not exceeding eight weeks from birth.

(2) When more than one dwelling unit is legally located on a lot, the maximum number of dogs that may be kept shall apply separately to each occupied dwelling unit. For purposes of this section, "dwelling unit" means any building or a portion of a building designed exclusively for residential occupancy with individual sleeping, toilet and cooking facilities.

(3) The above requirement for the number of animals may be waived with the approval of the Village Administrator. The total number of preexisting animals shall be a factor in considering whether to grant or deny the requested waiver. Such application for waiver shall first be made to the Village Clerk-Treasurer and shall be referred to the Animal Control Officer, or designee, for an investigation and recommendation to the Village Administrator. The petitioner must provide signed letters (including name, address and phone) from all adjacent property owners indicating that there have not been any problems with animals at the requesting residence (i.e., excessive barking, animals running loose, unsanitary conditions) and that they approve of the additional number of animals being requested. The decision of the Village Administrator may be appealed to the Village Board.

§ 151-12 Recovery of transportation fees.

A. Every person who shall violate this chapter shall reimburse the Village for the amount of the actual fee charged by the Animal Control/Humane Officer to the Village for transportation of his or her animal.

B. The Village may include the amount due under Subsection A as an additional cost to be taxed in the prosecution of a related violation of any municipal ordinance.

C. In addition to or in lieu of all other remedies provided by law, the Village may recover the amount due under Subsection A as a separate claim against the person responsible for payment.

§ 151-13 Feeding of deer prohibited.

No person may place any salt, mineral, grain, fruit or vegetable material outdoors on any public or private property for the purpose of feeding whitetail deer.

A. Presumption. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding whitetail deer:

(1) The placement of salt, mineral, grain, fruit, or vegetable material in an aggregate quantity of greater than 1/2 gallon at the height of less than six feet off the ground.

(2) The placement of salt, mineral, grain, fruit or vegetable material in an aggregate quantity of greater than 1/2 gallon in a drop feeder, automatic feeder or similar device regardless of the height of the grain, fruit or vegetable material.

B. Exceptions. This section shall not apply to the following situations:

(1) Hunting. The placement of bait for the purpose of hunting whitetail deer subject to all other laws, ordinances, rules and regulations governing hunting and the discharge of hunting weapons.

(2) Naturally growing materials. Naturally growing grain, fruit or vegetable material, including gardens.

(3) Bird feeders. Unmodified commercially purchased bird feeders or their equivalent.

(4) Deer feeding authorized on a temporary basis by the Village Board for a specific public purpose as determined by the Village Board.

(5) Counting. Deer feeding may be authorized on a temporary basis by the Village Board for the purpose of determining the deer population.

C. Violation and penalties. Any person who violates the provisions of this section shall be subject to a forfeiture of not less than $100 nor more than $1,000.