Village of Black Earth, WI
Dane County
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Table of Contents
Table of Contents
It shall be unlawful for any person within the Village of Black Earth to own, harbor or keep any dog or cat which:
A. 
Habitually pursues any vehicle upon any public street, alley or highway in the Village.
B. 
Assaults or attacks any person as described in § 100-5 or destroys property.
C. 
Is at large within the Village limits.
D. 
Habitually barks or howls to the annoyance of any person or persons.
E. 
Kills, wounds or worries any domestic animal.
F. 
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.
G. 
In the case of a dog/cat, is unlicensed.
A. 
No vicious dog/cat shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner.
B. 
No person shall harbor or permit to remain on his or her premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
A. 
No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the Village. The owner of any animal shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any unlicensed animal running at large shall be seized and impounded by an animal control or law enforcement officer.
B. 
A dog or cat shall not be running onto private property and shall be on a leash. The animal shall be under the control of a person physically able to control it.
The provisions of § 174.02, Wis. Stats, relating to the owner's liability for damage caused by dogs/cats, together with the penalties therein set forth, are hereby adopted and incorporation herein by reference.
[Added 3-1-2016 by Ord. No. 07-02-2015]
A. 
General provisions.
(1) 
The Village Board finds that honeybee pollination is important to wildlife that depend on honeybees for a food source and as pollinators of the plants they consume. Further, honeybee hives support a healthy urban food supply. Therefore, notwithstanding any other provision of this Code, honeybees may be kept on any lot, regardless of zoning, subject to the limitations set forth below.
(2) 
All honeybee colonies shall be kept in inspectable type hives with removable combs, which shall be maintained in clean, sanitary, sound and usable condition, free of rodents, vermin and objectionable odors.
(3) 
Hives may be located only on lots of which the beekeeper is the owner or in lawful occupation.
(4) 
No more than six hives may be located on a lot with a combined volume not to exceed 100 cubic feet.
(5) 
No hive shall exceed 20 cubic feet in volume.
(6) 
No hive shall be located closer than three feet from any property line.
(7) 
No hive shall be located closer than 10 feet from a public sidewalk or 25 feet from a principal building on an abutting lot.
(8) 
A supply of fresh water shall be provided for all hives during all times honeybees are present and active.
(9) 
A flyway barrier at least six feet in height shall shield any part of a property line that is within 25 feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof at least 10 feet in length positioned between the hive and the property line such that the hive is in the center of the barrier.
(10) 
Any honeybee colony not residing in a hive structure intended for beekeeping, or any swarm of honeybees or colony residing in a standard or homemade hive, which, by virtue of its condition, has been abandoned or not maintained by the beekeeper, is unlawful and may be summarily destroyed or removed from the Village if the beekeeper does not bring the hives into compliance within 30 days of notice from the Village.
B. 
Annual permit required.
(1) 
Any person who keeps bees on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Village Administrator/Clerk/Treasurer in accordance with Chapter 179. The permit is valid January 1 through December 31, and the fee shall be $25 annually. The annual permit fee shall be paid no later than January 31 of the year prior to the permit term, or within 30 days of acquiring the honey bees. Any fee not paid within 30 days of the permit request will become void and the requester will need to reapply.
(2) 
Permit applications submitted by a person other than a record title owner of the property upon which bees will be kept shall provide written consent of the property owner with the permit application.
(3) 
Annual permit applications. Upon receipt of an application for a license to house honeybee hives (or a subsequent renewal), the Village Administrator/Clerk/Treasurer shall notify all residents within 200 feet of the applicant's address of the application being filed. If more than 50% of the residents within 200 feet of the applicant's property object in writing within 14 days of being notified, or if any resident produces documented proof that they are allergic to bees, the license shall be denied by the Village Board. Otherwise, the application for the license can be granted by the Village Administrator/Clerk/Treasurer, provided that all other provisions of this section are satisfied.
(4) 
The keeping of any person of honeybee colonies in the Village not in compliance with this section is prohibited. Violations shall be subject to the penalties set forth in § 1-4 of the Village Ordinances.
C. 
Sale of honey. Honey produced in any Village hives shall not be sold at the residential property unless a conditional use permit has been granted to do so.
D. 
Definitions. The following words, terms and phrases, when used in this section, shall have the following meanings:
COLONY
A honeybee hive and its equipment and appurtenances, including honeybees, comb honey pollen, and brood.
HIVE
A structure intended for the housing of a honeybee colony.
HONEYBEE
Any life stage of the common domestic honeybee, Apis mellifera species.
[Added 3-1-2016 by Ord. No. 07-01-2015]
A. 
Chicken keeping in certain zoning districts. Hen chickens for egg production for personal use may be kept as an accessory use in the R-1 and R-2 Family Residential Districts in accordance with the following requirements and standards:
(1) 
A maximum of four chickens on a lot may be kept, but no roosters.
(2) 
Chickens shall be kept in a coop which may have an adjacent fence enclosed area. A coop shall be located in the rear yard only, and shall not exceed 50 square feet in area and eight feet in height. No portion of the coop or fenced area shall not be closer than 15 feet from any lot line. Such facilities shall not conflict with any public or private utilities, drainageways or any easements related thereto.
(3) 
No person shall slaughter chickens on the property.
(4) 
Chicken keeping shall be maintained in a clean, sanitary, sound and usable condition, free of rodents, vermin and objectionable odors or noise.
(5) 
It shall be the property owner's responsibility to verify that chicken keeping and chicken coops are permitted uses in any deed restrictions or covenants applicable to the subject property.
(6) 
Prior to establishing the use, a building permit shall be obtained from the Building Inspector for construction of the coop and related fencing. The application for the permit shall include a location sketch, drawn to scale, of the coop and fencing showing property lines and nearby structures and design information for the coop. A fee shall be paid with submittal of the application in accord with the Village's fee schedule.
(7) 
Coops. "Coop" means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section. A coop shall not be considered an accessory building under § 310-80 of the Village Code of Ordinances. Coops shall be constructed in a workmanlike manner, be moisture resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Coops shall prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily as necessary to ensure that the coop and yard to not become a health, odor, or other nuisance.
(8) 
Runs. Related fencing or chicken run means a fenced cage attached to a coop at least 10 square feet in area per chicken and not to exceed 120 square feet in area.
B. 
Annual permit required.
(1) 
Any person who keeps chickens on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Village Administrator/Clerk/Treasurer in accordance with Chapter 179. The permit is valid January 1 through December 31 and the fee shall be $25 annually. The annual permit fee shall be paid no later than January 31 of each year. Any fee payments not paid within 30 days of the permit required will become void and the requester will need to reapply.
(2) 
Permit applications submitted by a person other than a record title owner of the property upon which chickens will be kept shall provide written consent of the property owner with the permit application.
(3) 
Annual permit applications. Upon receipt of an application for a license to house chickens (or a subsequent renewal), the Village Administrator/Clerk/Treasurer shall notify all residents within 200 feet of the applicant's address of the application being filed. If all the residents within 200 feet of the applicant's property object in writing within 14 days of being notified, or if any resident produces documented proof that they are allergic, the license shall be denied by the Village Board. Otherwise, the application for the license can be granted by the Village Administrator/Clerk/Treasurer provided all other provisions of this section are satisfied.
(4) 
The keeping of chickens in the Village by any person not in compliance with this section is prohibited. Violations shall be subject to the penalties set forth in § 1-4 of the Village Code of Ordinances.
C. 
Sale of chicks/chickens. All chickens and eggs produced in any Village coops shall not be sold at the residential property unless a conditional use permit has been granted to do so.
D. 
Public health requirements.
(1) 
All chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds, animals or to humans.
(2) 
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Wisconsin Department of Health-Dane County.
(3) 
The Village may order testing, quarantine, isolation, vaccination, or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease. The owner of the chicken shall be responsible for all costs associated with the procedures ordered hereunder.