[HISTORY: Adopted by the Village Board of the Village of Hales Corners 3-10-2003 by Ord. No. 03-03 and 3-24-2003 by Ord. No. 03-04 (§ 11.08 of the Municipal Code). Amendments noted where applicable.]
A. 
Definitions. In this chapter, unless the context or subject matter otherwise requires, the following definitions shall be applicable:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
Includes any domestic animal off the premises of its owner. A domestic animal shall not be deemed at large if:
(1) 
It is attached to a leash of sufficient strength to restrain the domestic animal and not more than 12 feet in length, where said leash is held by a person competent to govern the domestic animal.
(2) 
When properly restrained within a motor vehicle.
(3) 
When not more than six feet from its owner or his agent or person competent to govern such dog at such distance, if such dog is not annoying or worrying pedestrians or trespassing on private property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CAT
Any feline of the Felis domesticus family, regardless of age or sex.
COLLAR
Any harness constructed of nylon, leather or similar material, and specifically designed to be used for cats and dogs.
[Added 2-25-2019 by Ord. No. 19-01]
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine of the Canis familiaris family, regardless of age or sex.
DOMESTIC ANIMAL
Includes all members of the common dog (Canis familiaris) family, common cat (Felis domesticus) family and any other animal kept as a pet for other than utilitarian purposes, including but not limited to rabbits, snakes, ferrets and lizards.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03 et seq., Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
NEUTERED
As used herein as describing a domestic animal having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a domestic animal and the occupant of any premises on which a domestic 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 domestic animal within the meaning of this chapter.
PET
An animal kept and treated as a pet.
PROPERLY FITTED
With respect to a collar, a collar that measures the circumference of a dog's or cat's neck, plus at least one inch.
[Added 2-25-2019 by Ord. No. 19-01]
RESTRAINT
A chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or pulley system and is designed for the purpose of animal control.
[Added 2-25-2019 by Ord. No. 19-01]
B. 
Incorporation of statutory regulations. Sections 174.01 through 174.042 of the Wisconsin Statutes and such sections as they may hereafter be amended and/or renumbered are hereby incorporated by reference with respect to restraining action against dogs, the imposition of forfeitures for violations of such regulations and other regulations of dogs imposed under this Code, and the impoundment and subsequent delivery, treatment and disposition of dogs; provided, however, that this subsection shall not be construed to restrict or limit any authority heretofore granted to the Police Department with respect to the regulation of dogs and shall not operate to reduce any forfeitures or other penalties which might otherwise be imposed under this Code.
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 Hales Corners 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 obtained or 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 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 Center for Disease Control of the U.S. 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. 
The Village Treasurer shall issue cat and dog licenses upon due application as required by state law and Milwaukee County ordinances. The licensee, upon procuring a license, shall securely attach the license tag to a collar or harness, and this collar or harness shall, whenever the dog or cat is outside the dwelling of the licensee, be kept on the dog or cat for which the license is issued.
B. 
The owner shall be liable for the payment of the license fee of any dog or cat owned.
C. 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 174-2 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.
D. 
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 Village police or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.
E. 
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.
F. 
License fees. The license fees shall be equal in amount to those recommended by the Milwaukee Area Domestic Animal Control Commission (MADACC) from time to time, which are incorporated herein by reference.
[Amended 1-26-2009 by Ord. No. 09-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
Animal fancier permit.
[Added 7-10-2017 by Ord. No. 17-8]
(1) 
Definition. An "animal fancier" is any person residing in a single-family residential dwelling unit who shall keep, harbor, raise or possess one cat or one dog, over the age of six months, in addition to three dogs and three cats over the age of six months, such numbers as permitted pursuant to § 174-20 of this chapter and specifically § 174-20C, providing for a maximum of seven animals.
(2) 
Limitation on permit issuance. There shall be no more than one animal fancier permit issued to any qualified single-family dwelling unit, and an animal fancier permit will only be issued if a dwelling unit is zoned single-family pursuant to §§ 445-3.5, 445-3.6, 445-3.7 and 445-3.8 of this Code. No animal fancier permit shall be issued to a multifamily residential unit.
(3) 
Operation. All animal fanciers shall maintain the following conditions:
(a) 
A person holding an animal fancier permit shall conform to the requirements set forth in this chapter.
(b) 
An animal fancier permit may be revoked if an owner does not conform to the requirements set forth in this chapter.
(c) 
All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.
(d) 
The quarters in which the animals are kept shall be maintained in a clean condition and in a good state of repair.
(e) 
Animal pens or enclosures shall be large enough to provide freedom of movement to the animals contained therein.
(f) 
Food supplies shall be stored in rodent-proof containers, and food and water containers shall be kept clean.
(g) 
Litter or bedding material shall be changed as often as necessary to prevent an odor nuisance.
(h) 
Feces shall be removed from yards, pens and enclosures daily and more often, if necessary, and stored in tightly covered metal containers until final disposal.
(i) 
Yards, pens, premises and animals shall be kept free of insect infestations.
(j) 
No odor or noise nuisance shall be permitted.
(k) 
All establishments shall be maintained and operated in a nuisance-free manner.
(l) 
An animal fancier premises is subject to an initial inspection of and approval by the Health Department, upon the Department's review and determination as to whether adequate space and sanitation are provided, before a permit will be issued.
(4) 
Immunization. Dogs and cats over five months of age shall have current immunization against rabies, in accordance with § 174-2 of this chapter, and owners or keepers shall provide proof thereof.
(5) 
Licensing. All dogs and cats licensed by an animal fancier permit shall be currently licensed by the Village Treasurer, in accordance with § 174-3 of this chapter, and owners or keepers shall provide proof thereof.
(6) 
Fee. Animal fancier permit fee: set by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 1-26-2009 by Ord. No. 09-01]
A. 
The Village Treasurer shall assess and collect a late fee from every owner of a dog or cat 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 cat or if the owner failed to obtain a license on or before the dog or cat reached licensable age. Said late fee shall be charged in addition to the required license fee. The late fees shall be equal in amount to those recommended by the Milwaukee Area Domestic Animal Control Commission (MADACC) from time to time, which are incorporated herein by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The municipality may from time to time declare periods of amnesty in which the late fees imposed under this section may be waived. Such periods of amnesty and the terms thereof may be established upon a finding that they are likely to have the effect of increasing licensing compliance. The Village Clerk is authorized to make such declaration for amnesty events coordinated and authorized by the Milwaukee Area Domestic Animal Control Commission (MADACC), or as determined by the Village Board.
[Added 7-14-2014 by Ord. No. 14-4]
[Amended 10-13-2003 by Ord. No. 03-11]
A. 
District quarantine.
(1) 
Animals confined. If a district is quarantined for rabies, all animals within that district shall be kept securely confined, tied, leashed or muzzled. Any animal 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 district 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 district 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 of animal. A Village law enforcement officer, health officer, or humane officer shall order an animal 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 animal cannot be captured or there is a threat to public health and safety, 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 head of the animal.
(2) 
Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
(3) 
Report. Any person who shall suspect that any animal is infected with hydrophobia or rabies shall report his suspicions to the police or health authorities, describing the animal and giving the name of the owner, if known. Any such animal shall, upon demand of any police officer or health officer of the Village, be delivered to such officer. If, upon examination by the health authorities, the animal shall prove, in fact, to be infected with such disease, the animal may be killed by any such officer.
(4) 
Failure to report. No person shall fail to report to the police or health authorities of the Village the existence of any animal which he knows to be infected with hydrophobia or rabies.
C. 
Quarantine of animals.
(1) 
Delivery to isolation facility or quarantine on premises of owner. An officer who orders an animal to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible, but no later than 24 hours after the original order is issued, or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
(2) 
Health risk to humans. If an animal is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. A vaccinated animal may be quarantined on the premises of the owner and under the supervision of a veterinarian for at least 10 days after the incident if the animal is kept in an escape-proof enclosure or in the home. If a quarantine of a vaccinated animal cannot be adequately maintained on the premises of the owner, an officer may order a vaccinated dog or cat to be quarantined at an isolation facility. If the dog, cat or other domesticated animal or wild animal held captive is unvaccinated, such animal shall be held under strict isolation at an isolation facility under the supervision of a veterinarian for a period of 10 days. In this subsection, "supervision of a 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 observation period is not extended and if the veterinarian certifies that the animal has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
(3) 
Risk to animal health.
(a) 
If an animal is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the animal 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 an animal is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the animal 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.
(4) 
Sacrifice of an animal exhibiting symptoms of rabies. If a veterinarian determines that an 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 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 State 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 State Laboratory of Hygiene, the local 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 expense 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. If the owner is unknown, the county is responsible for these expenses, unless otherwise provided for under the duties of the Milwaukee Area Domestic Animal Control Commission (MADACC).
A. 
Restrictions. It shall be unlawful for any person within the Village of Hales Corners to own, harbor or keep any domestic animal which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the Village.
(2) 
Runs at large within the Village. Any domestic animal found at large shall be deemed to be so with the permission or at the sufferance of its owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Customarily, frequently, inveterately or habitually barks or howls, or makes other disturbing noises to the annoyance of any person or persons (see § 174-11 of this chapter).
(4) 
Assaults or attacks any person in the Village or has a propensity to attack or bite persons, when such propensity is known or ought reasonably to be known to the owner.
(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 or cat, is unlicensed.
B. 
Setting at large unlawful. No person other than the owner of a domestic animal or his agent shall open any door or gate of any private premises or otherwise entice or enable any domestic animal to leave any private premises for the purpose or with the result of setting such domestic animal at large.
[Amended 2-25-2019 by Ord. No. 19-01]
(1) 
An owner may not leave a dog unattended by use of a restraint:
(a) 
On public property or on public streets.
(b) 
Outdoors in the case of extreme weather conditions where a heat or wind chill advisory has been issued by the National Weather Service.
(c) 
When the restraint:
[1] 
Is not designed for dogs. Logging chains, tow chains or other lines or devices not intended for the purpose of restraining animals are prohibited. No chain or tether shall weigh more than 1/8 of the animal's weight.
[2] 
Is in unsafe condition.
[3] 
Causes injury to the animal being restrained.
(2) 
A domestic animal shall not be deemed at large:
(a) 
If it is attached to a leash of sufficient strength to restrain the domestic animal and not more than 12 feet in length, where said leash is held by a person competent to govern the domestic animal.
(b) 
When properly restrained with a motor vehicle.
(c) 
When not more than six feet from its owner or his agent or competent handler of an age, stature and ability to property restrain and manage the dog in a safe manner to govern such domestic animal at such distance, if such domestic animal is not annoying or worrying pedestrians or trespassing on private property.
C. 
Restraining action against dogs. A person may take restraining action with respect to any dog running at large or any dog which attacks or injures a domestic animal while the dog is not on the property of its owner. Restraining action with respect to a dog includes:
(1) 
Notifying the dog's owner and requesting that the owner capture and restrain the dog.
(2) 
Notifying a police officer and requesting that the officer capture and restrain the dog.
(3) 
Capturing and restraining the dog. A person under attack by a dog may use any means the situation requires to subdue the dog to protect one's person or the person of another from bodily harm or death.
D. 
Vicious dogs and animals.
(1) 
For purposes of enforcing this subsection, a domestic animal shall be deemed as being vicious if it has a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals, or if it has attacked or bitten a human being or domestic animal.
(2) 
No person shall harbor, keep or maintain within the Village limits any vicious animal. Harboring, keeping or maintaining within the Village limits any vicious animal is hereby declared to be a public nuisance.
[Amended 7-28-2021 by Ord. No. 21-04[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection D(2) and (3), regarding removing the animal from the Village until trial and appropriate disposition of the animal, respectively, and redesignated former Subsection D(4) as Subsection D(2).
E. 
Dangerous dogs.
(1) 
For purposes of enforcing this subsection, a dog shall be deemed dangerous if, because of its aggressive nature, training or characteristic behavior, it is capable of inflicting serious physical harm or death to humans; if it constitutes a danger to human life or property if not kept in the manner required by this subsection; or if it, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E(2), regarding petitioning the Municipal Court to declare a dog dangerous, was repealed 7-28-2021 by Ord. No. 21-04.
(3) 
All owners of dangerous dogs shall, on or before April 15, 2003, and annually thereafter on or before April 15 of each year, register their dog and shall provide a current color photograph of the dog to the Treasurer's office and pay a registration fee set by the Village Board. This fee shall be in addition to any dog license fee required. At the time of registration, each owner of any dangerous dog kept within the Village limits shall provide to the Treasurer's office proof of liability insurance in the amount of at least $100,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such dog. Such insurance shall name the Village as coinsured solely for the purpose of notice of cancellation of the policy. Upon payment of the fee, the Treasurer shall issue a current dangerous dog collar of an approved color for the purpose of identification, which collar is to be worn by the dog at all times as proof of registration. If, when due to the length of the dog's hair, the collar is not visible, an approved colored lead or chain may be used. An owner of a dangerous dog who fails to register the dog is subject to a forfeiture of not less than $25 nor more than $250 per day. An owner of a dangerous dog who registers but neglects to have the dangerous dog collar worn by the dog at all times is subject to a forfeiture of not less than $25 nor more than $250 per day, excepting that the collar may be removed for grooming or purposes of other care when the dog is secured indoors or in an approved pen.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have minimum dimensions of five feet by 10 feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosures must also provide protection from the elements for the dog.
(5) 
The owner or keeper shall display a sign on the owner's or keeper's premises facing out from all sides of the premises warning that there is a dangerous dog on the property. This sign should be visible and capable of being read from a public highway or thoroughfare or within 20 feet of its placement, whichever distance is less. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
(6) 
A dangerous dog may be off the owner's or keeper's premises if it is muzzled and restrained by an approved lead or chain not exceeding three feet in length and is under the control of an adult, able-bodied person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(7) 
It shall be the duty of the Police Department and such other persons as from time to time may be designated by resolution of the Village Board to apprehend any dangerous dogs running at large. If any dog suspected of being dangerous is found running at large, it shall be impounded and shall be returned to its owner only upon proof of registration as a dangerous dog.
(8) 
The owner or keeper of any dog, previously determined to be a dangerous dog, found running at large shall, upon conviction, pay a forfeiture of not less than $200 nor more than $1,000.
F. 
For purposes of this section, no dog shall be declared to be a vicious or dangerous dog if the proof of viciousness or dangerousness concerns injury or damage sustained by a person who, at the time, was teasing, tormenting, abusing or assaulting the dog, or where the dog was protecting its owner from attack by a human being or animal.
G. 
The provisions of this section regarding dangerous and vicious dogs shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.
H. 
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damages caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.
A. 
Animal control agency.
(1) 
The Village of Hales Corners 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 Hales Corners does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.
B. 
Impounding; repossession; disposal.
(1) 
Upon the complaint of any person injured by an animal or upon the complaint of any parent or guardian of a minor child injured by an animal, the Police Department shall investigate the complaint, and if the animal is alleged to be vicious, the animal may be impounded.
(2) 
Whenever an animal is impounded, the impounding authority shall give notice to the owner or keeper whether and under what circumstances the animal may be redeemed. The owner or keeper of any animal impounded, confined or destroyed under the terms of this section shall be responsible for all costs of such confinement, impoundment or destruction.
(3) 
In addition to the authority to impound animals as is elsewhere provided in this section, any police officer, health officer, representative of the Department of Public Works or humane officer finding a domestic animal at large or otherwise in violation of this chapter or knowing of any unlicensed dog or cat either at large or upon private premises shall seize such domestic animal and impound it in the place provided by the Village or by the Milwaukee Area Domestic Animal Control Commission (MADACC).
(4) 
The possession of any licensed dog or cat so seized or impounded may be obtained by the owner upon payment of an impoundment fee in the amount set by the Village Board to the Village, plus the daily boarding fee to the animal control agency for keeping such dog or cat for each day or fraction thereof during which the said dog or cat has been impounded. The possession of any unlicensed dog or cat may be obtained by the owner after obtaining a license and paying the fee provided herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
If any domestic animal that has been impounded for seven days has not been reclaimed by its owner, said domestic animal may be disposed of in the most humane manner by the Police Department, the health officer or the animal control agency.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Report of impounded or killed domestic animals. Any person or any officer who shall kill or impound any domestic animal, after delivery of said domestic animal or its carcass to the Police Department of the Village, shall make a report to the Village Clerk stating when and under what conditions he seized, impounded or killed such domestic animal and the owner's name, if known.
D. 
Village not liable for impounding 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.
[Amended 10-13-2003 by Ord. No. 03-11]
A. 
Whenever a dog, cat or other domestic animal, or wild animal held captive, bites a person within the Village, and such bite penetrates or lacerates the skin of the person bitten, such dog, cat or other domesticated animal or wild animal held captive shall be restricted to the premises of its owner, if within the Village, or to a veterinarian's care as a suspect rabies case for a period of 10 days. If the dog, cat or other domesticated animal or wild animal held captive is unvaccinated, such animal shall be held under strict isolation at an isolation facility under the supervision of a veterinarian for a period of 10 days. Additionally, such owner or keeper shall immediately, in writing, report the fact that his domestic animal has bitten a person to the Health Officer of the Village.
B. 
If, during the confinement time, said animal shows signs of illness, lameness or paralysis, the owner or veterinarian shall immediately report such condition to the Health Officer. Such domestic animal shall not be released from confinement until the Health Officer of the Village shall have given written approval. Any such domestic animal shall be surrendered to the police or Health Officer upon demand.
C. 
The owner of an animal is responsible for any expense incurred in connection with keeping the animal in an isolation facility and supervision and examination of the animal by a veterinarian.
A. 
No person who owns or is governing and accompanying a dog off the owner's premises shall permit such dog to go upon any public area, or upon private lands or premises without the permission of the owner of the lands or premises, and break, bruise, tear up, crush or injure any lawn, plant, tree, shrub or garden or any other object upon such public or private lands and premises or to defecate thereon.
B. 
Any person governing and accompanying a dog off the premises of its owner, including its owner, shall carry a waste deposit receptacle and a hand shovel or other reasonably similar device and shall utilize same to immediately remove any feces deposited by such animal on any public or private premises and shall dispose of same in any method allowable by law at the consenting owner's or such person's residence. Compliance with the requirements of this subsection shall not constitute a defense to or in any way absolve any person from any liability or penalty resulting from a violation of Subsection A above.
C. 
Any person who shall violate any provision of Subsection A or B of this section shall, upon conviction thereof, forfeit the sum of $40, together with the costs of prosecution, and, in default of payment of such forfeiture or costs of prosecution, shall be imprisoned in the county jail or county house of correction until said forfeitures and costs are paid, but not exceeding 90 days. A violation of one or more of the prohibitions under Subsection A above shall constitute a separate offense for each parcel of land or lot upon which such violation(s) occurs. A violation of each requirement under Subsection B above shall constitute a separate offense.
It shall be unlawful for any person knowingly to keep or harbor any domestic animal which habitually, customarily, frequently or inveterately barks, howls or yelps, or makes other disturbing noises 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. A dog or cat is considered to be in violation of this section when two formal, written complaints are filed with the Police Department 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, 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), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutis), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), or Mexican ridley turtle (lepidochelys kempi).
(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 Subsection A above 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 to any person or organization licensed to present a circus.
C. 
Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal or hybrid thereof, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall constitute a public nuisance and be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any of the following animals, reptiles or insects:
(1) 
All poisonous animals and reptiles, including rear-fang snakes.
(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) 
Constrictor snakes six feet in length or more.
(9) 
Coyotes (Canis latrans).
(10) 
Deer (Cervidae); includes all members of the deer family; for example, white-tailed deer, elk, antelope and moose.
(11) 
Elephants (Elephas, Loxodonta).
(12) 
Gamecocks and other fighting birds.
(13) 
Hippopotami (Hippopotamidae).
(14) 
Hyenas (Hyaenidae).
(15) 
Jaguars (Panthera onca).
(16) 
Leopards (Panthera pardus).
(17) 
Lions (Panthera leo).
(18) 
Lynxes (Lynx).
(19) 
Monkeys, old world (Cercopithecidae).
(20) 
Ostriches (Struthio).
(21) 
Pumas (Felis concolor); also known as "cougars," "mountain lions" and "panthers."
(22) 
Rhinoceroses (Rhinocero tidae).
(23) 
Sharks (class Chondrichthyes).
(24) 
Snow leopards (Panthera uncia).
(25) 
Tigers (Panthera tigris).
(26) 
Wolves (Canis lupus).
(27) 
Poisonous insects.
(28) 
Horses, mules, ponies, donkeys, llamas, cows, pigs, goats, sheep, ducks, chickens or farm animals if not included aforesaid or any animal raised for fur-bearing purposes unless otherwise permitted under this section.
D. 
Exceptions; pet shops. 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; photo studios conducting seasonal portraitures; or zoological gardens, if:
[Amended 8-14-2006 by Ord. No. 06-09]
(1) 
Their location conforms to the provisions of Chapter 445, Zoning, of this Code.
(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. 
No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.
B. 
No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.
C. 
No retailer, as defined in § 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.
A. 
No person owning or responsible for confining or impounding any animal may 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 and in sufficient quantity for the health of the animal.
A. 
Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section.
B. 
Indoor standards. Minimum indoor standards of shelter shall include:
(1) 
Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
(2) 
Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
C. 
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1) 
Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
(2) 
Shelter from inclement weather.
(a) 
Animals generally. 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.
(b) 
Dogs. If a dog is tied or confined 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.
D. 
Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(1) 
Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
(2) 
Space requirements. 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.
E. 
Sanitation standards. 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 or humane 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 the 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 of expenses, of the Wisconsin Statutes are hereby adopted by reference and made a part of this section.
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.
A. 
Acts of cruelty prohibited. No person except a police officer, health officer, or humane officer in the pursuit of his duties shall, within the Village, shoot, kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.
B. 
Leading animal from motor vehicle. No person shall lead any animal upon a Village street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.
C. 
Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in § 961.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.
D. 
Use of certain devices prohibited. No person may, directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device, or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.
E. 
Shooting at caged or staked animals. No person may instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.
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 to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal.
B. 
This section shall not apply to trapping within the confines of building or homes.
C. 
Nothing in this section shall prohibit or hinder the Village or its employees or agents from performing their official duties.
No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of the Village or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents engaged in the exercise of their official duties, or as otherwise permitted herein.
A. 
No more than three dogs and three cats over the age of six months may be kept at any residence within the Village.
B. 
Any resident of the Village who, at the time of the adoption of this chapter, owns more than three dogs and three cats over the age of six months may continue to keep such animals, although such ownership does not conform to the provisions of this chapter. Such nonconforming ownership may not be extended. If such nonconforming ownership is discontinued for any reason, any future ownership shall conform to this chapter.
C. 
An animal fancier permit is required for a resident, in a qualified single-family residential dwelling unit only, who wishes to keep, harbor, raise or possess one additional cat or one additional dog over the age of six months for a maximum of seven animals. No animal fancier permit shall be issued to a resident of or for permission within a multifamily residential unit.
[Added 7-10-2017 by Ord. No. 17-8]
A. 
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.
B. 
Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located within a school or university building for the purpose of study or observation.
[Amended 8-14-2006 by Ord. No. 06-09; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Except where another penalty is prescribed in this chapter, any person or entity violating any term or provision of this chapter shall be subject to the penalties set forth under § 1-4 of this Code.