[HISTORY: Adopted by the Common Council of
the City of Lodi as §§ 15.18, 15.30, 15.31 and 19.05
and Ch. 22 of the City Code. Amendments noted where applicable.]
In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meaning
indicated:
Any mammal, reptile or bird.
To be on or off the premises of the owner and not under control
of some person either by leash or other means. A dog or cat within
a vehicle of its owner, or in a vehicle of any other person with the
consent of the owner of such dog or cat, shall be deemed to be upon
the owner's premises and under the owner's control.
Any feline, regardless of age or sex.
Refers to acts or neglect which causes unnecessary and excessive
pain or suffering or unjustifiable injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised or kept on farms
in the United States and used for food or fiber or used to produce
food or fiber, including but not limited to any such animals that
are used for breeding purposes, and horses, mules, ponies, donkeys,
and animals raised for fur-bearing purposes.
Has the same meaning as set forth in § 967.02(5),
Wis. Stats., and includes a humane officer under § 173.03,
Wis. Stats., but does not include a conservation warden appointed
under § 23.10, Wis. Stats.
As used herein as describing a dog or cat means a dog or
cat having nonfunctional generative organs.
Any person owning, harboring or keeping an animal. The occupant
of any premises on which an animal remains or to which it customarily
returns daily for a period of 10 days is presumed to be harboring
or keeping the animal within the meaning of this definition.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have
the dog vaccinated against rabies by a veterinarian within 30 days
after the dog reaches 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 City 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 City unless the dog has
been vaccinated as evidenced by a current certificate of rabies vaccination.
The certificate of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.
[Amended 10-10-2006 by Ord. No. A-361]
B.
Rabies 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.
The requirement of keeping the collar with tag attached on the dog
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.
C.
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 is unlawful for any person in the City to own,
harbor or keep any dog more than five months of age without complying
with the provisions of §§ 174.05 through 174.07, Wis.
Stats., relating to the 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 for such dog.
(3)
The Common Council will set the license tax by resolution.
(4)
Upon payment of the required license tax, the City
Clerk shall complete and issue to the owner a license for such dog
containing all information required by state law. The City Clerk 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. The requirement to keep
the collar with license tag attached on the dog shall not apply to
a dog during competition or training, to a dog securely confined indoors,
to a dog while hunting or to a dog securely confined in a fenced area.
(6)
The fact that a dog is without a tag attached to the dog by means of a collar in violation of Subsection A(5) above shall be presumptive evidence that the dog is unlicensed. Any City police officers may seize, impound or restrain any dog for which a dog license is required which is found without such tag attached in violation of Subsection A(5) above.
(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 City Clerk upon application therefor.
B.
Multiple-dog licenses.
(1)
Any person who keeps more than one dog may, instead
of the license tax for each dog required by this chapter, apply for
a multiple-dog license for the keeping of the dogs, pursuant to § 174.053,
Wis. Stats.
(2)
The owner or keeper for which a multiple-dog license
has been issued shall keep at all times a multiple-dog license tag
attached to the collar of each dog over five months old kept by said
owner or keeper, but this requirement does not apply to a dog during
competition or training, to a dog securely confined indoors, to a
dog while hunting, or to a dog securely confined in a fenced area.
An owner or keeper may transfer a multiple-dog license tag from a
dog that the owner or keeper no longer owns or keeps to another dog
if the other dog is currently immunized against rabies. 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 dog during competition or training, to a dog securely confined
indoors, to a dog while hunting, or to a dog securely confined in
a fenced area. No dog bearing a multiple-dog license tag shall be
permitted to stray or to be taken anywhere outside the limits of the
owner's or keeper's premises unless the dog is on leash or temporarily
out for the purposes of hunting, breeding, trial, training or competition.
The City shall assess and collect a late fee
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. Such late fee shall be charged in addition to the required license
fee. The Common Council will set the late fee by resolution.
A.
General restrictions. It shall be unlawful for any
person within the City to own, harbor or keep any animal which:
(1)
Frequently pursues any vehicle upon any public street,
alley or highway in the City.
(2)
Assaults or attacks any person or animals or damages
property.
(3)
Is at large within the limits of the City.
(4)
Frequently barks, howls, cries or makes other noises,
which barks, howls, cries or other noises cause substantial annoyance
or disturbance to any person or persons who are of ordinary sensibilities.
[Amended 10-10-2006 by Ord. No. A-361]
(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.
B.
Vicious dogs.
(1)
No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. For purpose of enforcing this Subsection B(1), a dog shall be considered vicious if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove provided may be seized by any law enforcement officer and delivered to proper authorities.
(2)
A court judgment may be obtained under § 174.02(3),
Wis. Stats., ordering a law enforcement officer to kill a dog in the
situation described in said statute.
C.
Animals at large.
(1)
No owner of any animal shall allow the same to be
at large within the City. The owner of any animal, whether licensed
or unlicensed, shall keep his or her animal tied or enclosed in a
proper enclosure. Any animal which is found at large or is unlicensed
(if required by state law or City ordinance to be licensed) may be
seized and impounded by a law enforcement officer.
D.
Penalties on owner of dog causing damage. The provisions
of § 174.02(2), Wis. Stats., relating to the penalties imposed
on owners of dogs causing damage, together with the penalties therein
set forth, are adopted and incorporated herein by reference.
E.
Number of dogs and cats limited. In order to protect
the public health and public sanitation, no more than six animals
in total (which could, for example, be made up of two dogs and four
cats) shall be kept in or upon the grounds of any one residential
unit or by one or more persons who inhabit one residential unit, unless
the premises is operated as a commercial kennel in a properly zoned
district.
No dog or cat shall be permitted in any public
cemetery. Every dog specially trained to lead blind persons shall
be exempt from this section.
Every owner of a dog or cat who knows that such
dog or cat has bitten any person shall immediately report such fact
to the Police Department and shall keep such dog or cat confined for
not less than 14 days or for such period of time as the Police Department
directs. The owner of any such dog or cat shall surrender the dog
or cat to a law enforcement or humane officer upon demand for examination
or quarantine.
The owner of any 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 such owner or person in charge. This section shall not
apply to a person who is visually or physically handicapped.
It is unlawful for any person owning or possessing
an animal to permit such animal to go upon any public or private lands
or premises without the permission of the owner of such lands or premises
and break, bruise, tear up, crush or injure any lawn, flower bed,
plant, shrub, tree or garden in any manner whatsoever, or to defecate
thereon.
[Amended 10-10-2006 by Ord. No. A-361]
A.
Prohibited animals.
(1)
Possession and sale of protected animals. It is 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 City 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, or alligator, caiman or crocodile
of the order crocodilia, 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.
(3)
Regulating the importation of certain birds. No person,
firm or corporation shall import or cause to be imported into this
City 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 American Indians for
ceremonial purposes or in the preservation of their tribal customs
and heritage.
B.
Exceptions. The provisions of Subsection A of this section above shall not be deemed to prevent the 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 to any person or organization licensed to present a circus.
C.
Prohibition on keeping wild animals. It is unlawful
for any person to keep, maintain or have in his or her possession
or under his or her control within the City 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
or her possession or under his or her control within the City any
of the following animals, reptiles or insects (but such enumeration
shall not be construed to exclude from the prohibition of this subsection
other animals, insects and reptiles which are described by the first
sentence of this subsection):
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All poisonous animals and reptiles, including
rear-fang snakes
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Apes: Chimpanzees (Pan); Gibbons (Hylobates);
Orangutans (Pongo); and Siamangs (Symphalangus)
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Baboons (Papio, Mandrillus)
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Bears (Ursidae)
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Bees, wasps and hornets
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Bison
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Cheetahs (Acinonyx jubatus)
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Constrictor snakes, six feet in length or more
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Coyotes (Canis latrans)
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Crocodilians 30 inches in length or more
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Deer (Cervidae); includes all members of the
deer family, for example, white-tailed deer, elk, antelope and moose
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Elephants (Elephas and Loxodonta)
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Game cocks and other fighting birds
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Hippopotami
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Hyenas
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Jaguars
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Leopards
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Lions
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Lynxes
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Monkeys, old world (Cercopithecidae)
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Ostriches
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Piranha fish
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Poisonous insects
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Pumas (Felis concolor), also known as cougars,
mountain lions and panthers
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Rhinoceroses
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Sharks (class Chondrichthyes)
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Snow leopards
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Tigers
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Wolves
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D.
Prohibition on keeping farm animals. Except in properly
zoned districts, it is unlawful for any person to keep, maintain or
have in his possession or under his control within the City any farm
animal.
(1)
Exemptions.
Chickens and rabbits may be kept, maintained, possessed, and under
control if:
[Added 5-6-2014 by Ord. No. A-466]
(a)
They are kept on property zoned R-1 or R-2 by the resident with
the permission of the property owner.
[Amended 2-2-2016 by Ord.
No. A-497]
(b)
No more than five chickens may be kept. Roosters shall not be kept.
(c)
No more than five rabbits may be kept.
(d)
Chicken coops and rabbit hutches shall be registered with the City
Clerk annually, in person or online, by January 1.
(2)
Exemptions. Honey bees may be kept, maintained, possessed and under
control if:
[Added 2-2-2016 by Ord.
No. A-497]
(a)
They are kept on property zoned R-1 or R-2 by the resident with
the permission of the property owner.
(b)
No bees shall be intentionally kept and maintained other than
honey bees.
(c)
No hive shall exceed 20 cubic feet.
(d)
No more than six hives may be kept on a parcel.
(e)
No hive shall be located closer than three feet from any parcel
property line of different ownership.
(f)
No hive shall be located closer than 10 feet from any public
sidewalk or 25 feet from a principal building on an abutting lot in
different ownership.
(g)
A flyway barrier at least six feet in height shall shield any
part of a property line of a parcel in different ownership that is
within 25 feet of a hive. The flyway barrier must effectively direct
bees to fly up and over the barrier when flying in the direction of
the barrier. The flyway barrier shall consist of a wall, fence, dense
vegetation or combination thereof, and it shall be positioned to transect
both legs of a triangle extending from an apex at the hive to each
end point of the part of the property line to be shielded. The barrier
shall further comply with any applicable fence regulations contained
in this Code of Ordinances.
E.
Exceptions. The prohibitions of Subsections C and D of this section shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows 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:
(2)
All animals and animal quarters are kept in a clean
and sanitary condition and so maintained as to eliminate objectionable
odors.
(3)
Animals are maintained in quarters so constructed
as to prevent their escape.
(4)
No person lives or resides within 100 feet of the
quarters in which the animals are kept.
A.
In the interest of public health and safety, it shall
be unlawful for any person, in or on land within the City, to set,
place or tend any trap for the purpose of trapping, killing, catching,
wounding, worrying or molesting any animal, with the exception of
live box-type traps. 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 is intended to prohibit the use of all
traps other than live box-type traps as defined above, including but
not limited to traps commonly known as "leg traps," pan-type traps
and 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.
This section shall not apply to trapping within the
confines of buildings or homes.
E.
Nothing in this section shall prohibit or hinder the
City or its employees or agents from performing their official duties.
The operator of any vehicle involved in an accident
resulting in injury to or death of a dog, cat or other animal which
appears to be a pet shall immediately notify the Police Department.
A.
Sanitary requirements. All structures, pens, buildings,
stables, coops or yards wherein animals or fowl are kept shall be
maintained in a clean and sanitary condition, free of rodents, vermin
and objectionable odors. Interior walls, ceilings, floors, partitions
and appurtenances of such structures, except structures or houses
occupied by no more than one dog, cat, rabbit, skunk or similar animal
kept as a pet, shall be whitewashed or painted annually or more often.
[Amended 10-10-2006 by Ord. No. A-361]
B.
Animals excluded from food-handling establishments.
No person shall take or permit to remain any dog, cat or other live
animal on or upon any premises where food is sold, offered for sale
or processed for consumption by the general public.
A.
It shall be unlawful for any person owning or responsible
for confining or impounding any animal to refuse or neglect to supply
the animal with a sufficient supply of food and water as prescribed
in this section.
B.
The food shall be sufficient to maintain all animals
in good health.
C.
If potable water is not accessible to the animals
at all times, it shall be provided daily in sufficient quantity for
the health of the animal.
A.
Acts prohibited. It shall be unlawful for any person
owning or responsible for confining or impounding any animal to fail
to provide the animal with proper shelter as prescribed in this section.
In the case of farm animals, nothing in this section shall be constructed
as imposing shelter requirements or standards more stringent than
normally accepted husbandry practices in Columbia County.
B.
Standards.
(2)
Minimum outdoor standards of shelter shall include:
(a)
When sunlight is likely to cause heat exhaustion
of an animal tied or cages outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this subsection, "cage" does not include farm
fencing used to confine farm animals.
(b)
Natural or artificial shelter appropriate to
the local climatic conditions for the species concerned shall be provided
as necessary for the health of the animal. If a dog is confined or
tied unattended outdoors under weather conditions which adversely
affect the health of the dog, a shelter of suitable size to accommodate
the dog shall be provided.
(3)
Minimum space requirements for both indoor and outdoor
enclosures shall include:
(a)
The housing facility shall be structurally sound
and maintained in good repair to protect the animals from injury and
to contain the animals.
(b)
Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
(4)
Minimum standards of sanitation for both indoor and
outdoor enclosures shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer may remove, shelter and
care for any 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 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 is 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)
Wisconsin Statutes § 173.10, Investigation
of cruelty complaints, and § 173.24, Reimbursement of expenses,
are 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 City 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 providing the care, or the City if the City has paid
for such care, for the costs of such treatment.
[Amended 10-10-2006 by Ord. No. A-361]
Any person violating any provision of this chapter or Ch. 174, Wis. Stats., including refusal to comply with an order to deliver an animal to an officer, isolation facility or veterinarian or failure to comply with the conditions of an order that an animal be quarantined, shall be subject to the penalties provided in Chapter 1, § 1-3 of this Code.
