[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as Title 7, Ch. 1, and § 8-1-7 of the 2003 Code.
Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of any other person with the consent of the owner of
said dog or cat shall be deemed to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
As appears 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.
A dog or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog or cat shall have the dog
or cat 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 cat or brings the dog
or cat into the City of Glenwood City after the dog or cat has reached
five months of age, the owner shall have the dog or cat vaccinated
against rabies within 30 days after the dog or cat is brought into
the City unless the dog or cat has been vaccinated as evidenced by
a current certificate of rabies vaccination. The owner of a dog or
cat shall have the dog or cat revaccinated against rabies by a veterinarian
before the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog or cat 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 City stating the owner's name
and address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog or cat, the date of the vaccination, the
type of rabies vaccination administered and the manufacturer's
serial number, the date that the immunization expires as specified
for that type of vaccine by the Centers for Disease Control of the
United States Department of Health and Human Services and the City.
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 or cat
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 or cat at all times, but this requirement does not apply to a dog or cat during competition or to a dog or cat securely confined indoors. 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 or cat 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 delivery of a rabies vaccination tag.
A.
It shall be unlawful for any person in the City of Glenwood City
to own, harbor or keep any dog more than five months of age without
complying with the provisions of this chapter and §§ 174.05
through 174.13, Wis. Stats., relating to the listing, licensing and
tagging of the same.
B.
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.
C.
The license tax under this section shall be set by the Common Council.
The license tax shall be reduced by 1/2 if the animal became five
months of age after July 1 during the license year. The license shall
commence January 1 and end December 31.
D.
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 168-2 of this chapter, the City Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The City Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
E.
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 168-2E.
F.
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 City law enforcement or humane officer shall seize, impound or
restrain any dog for which a dog license is required which is found
without such tag attached.
G.
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-Treasurer upon application therefor.
The City Clerk-Treasurer shall assess and collect a late fee
set by the Common Council from every owner of a dog five months of
age or over if the owner failed to obtain a license prior to April
1 of each year, or within 30 days of acquiring ownership of a licensable
dog, or if the owner failed to obtain a license on or before the dog
reached licensable age. Said late fee shall be charged in addition
to the required license fee.
A.
Dogs and cats confined. If the City is quarantined for rabies, all
dogs and cats within the City shall be kept securely confined, tied,
leashed or muzzled. Any dog or cat 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 City Clerk-Treasurer
shall promptly post in at least three public places in the City notices
of quarantine.[1]
B.
Exemption of vaccinated dog or cat from City 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 City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An animal control or law enforcement
officer shall order a dog or cat quarantined if the officer has reason
to believe that the animal bit a person, is infected with rabies or
has been in contact with a rabid animal. If a quarantine cannot be
imposed because the dog or cat cannot be captured, the officer may
kill the animal. The officer shall attempt to kill the animal in a
humane manner and in a manner which avoids damage to the animal's
head.
(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.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An animal control or law enforcement officer who orders a dog or cat
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 a dog or cat 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. 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 dog or cat 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 a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat 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 a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. If the
dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory of Hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or local health department. The veterinarian or local health department
shall prepare the carcass, properly prepare and package the head of
the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to
the State Laboratory of Hygiene and dispose of or arrange for the
disposal of the remainder of the carcass in a manner which minimizes
the risk of exposure to any rabies virus. The Laboratory of Hygiene
shall examine the specimen and determine if the animal was infected
with rabies. The State Laboratory of Hygiene shall notify the City,
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.[2]
F.
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 City, the 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.
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the City
of Glenwood City to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the City.
(3)
Is at large within the limits of the City.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
B.
Vicious dogs and animals.
(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 purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
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.
(2)
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after automobiles.
C.
Animals running at large.
(1)
No person having in his possession or ownership any animal or fowl
shall allow the same to run at large within the City. The owner of
any animal, whether licensed or unlicensed, 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, or properly trained
so as not to stray from the owner's property. Any animal running
at large unlicensed and required by state law or City ordinance to
be licensed shall be seized and impounded by an animal control or
law enforcement officer.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash and under control of a person physically able to control
it.
D.
Owner's liability for damage caused by dogs; penalties. The
provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs together with the penalties therein
set forth are hereby adopted and incorporated herein by reference.
E.
Keeping of livestock. 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.
A.
Animal control agency.
(1)
The City of Glenwood City 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 City of Glenwood City does hereby delegate to any such animal
control agency the authority to act pursuant to the provisions of
this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any animal control or law enforcement
officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of the City,
assaults or attacks any person, is at large within the City, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his possession a signed statement of a complaining witness
alleging the facts regarding the violation.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States mail, if such owner
is known to the officer or can be ascertained with reasonable effort.
If within seven days after such notice the owner does not claim such
animal, the officer may dispose of the animal in a proper and humane
manner, provided that, if an animal before being impounded has bitten
a person, the animal shall be retained in the animal shelter for 10
days for observation purposes. Within such time, the owner may reclaim
the animal upon payment of impoundment fees, plus the actual cost
of boarding the animal for each day or fraction thereof the dog or
cat has been so impounded. Owners of unlicensed dogs shall also obtain
a dog license prior to release of an impounded animal. No animal shall
be released from the pound without being properly licensed if so required
by state law or City ordinance.
E.
City not liable for impounded animals. The City 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.
A.
Animals
restricted on public grounds and cemeteries. No dog or cat shall be
permitted in any public playground, school grounds, public park, beach,
or swimming area within the City unless such dog or cat is on a leash
and under control. Dogs and cats are prohibited from being in cemeteries.
Every dog specially trained to lead blind persons shall be exempt
from this subsection.
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.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Chief of Police and shall keep such dog or
cat confined for not less than 10 days or for such period of time
as the animal control officer shall direct. The owner or keeper of
any such dog or cat shall surrender the dog or cat to a law enforcement
or humane officer upon demand for examination.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate or urinate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. 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 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 (Vicugna vicugna), or alligator, caiman
or crocodile of the order of 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 (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 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 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 by any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. Except for state-licensed game
farms, it shall be unlawful for any person to keep, maintain or have
in his possession or under his control within the City any poisonous
reptile or any other dangerous or carnivorous wild animal or reptile,
any vicious or dangerous domesticated animal or any other animal or
reptile of wild, vicious or dangerous propensities. Specifically,
it shall be unlawful for any person to keep, maintain or have in his
possession or under his control within the City any of the following
animals, reptiles or insects:[1]
(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 (Papio, Mandrillus).
(4)
Bears (Urisdae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyzx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Game cocks and other fighting birds.
(11)
Hyenas (Hyaenidae).
(12)
Jaguars (Panthera onca).
(13)
Leopards (Panthera pardus).
(14)
Lions (Panthera leo).
(15)
Lynxes (Lynx).
(16)
Ostriches (Struthio).
(17)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(18)
Sharks (class Chondrichthyes).
(19)
Snow leopards (Panthera uncia).
(20)
Tigers (Panthera tigris).
(21)
Wolves (Canis lupus).
(22)
Poisonous insects.
(23)
Except in properly zoned districts, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens, poultry or any animal raised for
fur-bearing purposes unless otherwise permitted elsewhere in this
Code.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where creatures are in the care, custody or control of a state-licensed game farm; 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; or zoological gardens, if:
E.
Pit bull dogs. Any pit bull dog, provided that a pit bull dog is registered with the City on the day this subsection becomes effective, may be kept within the City subject to the standards and requirements set forth in Subsection E(2) of this section.[2]
(1)
Definition. "Pit bull dog" as that term is used in this Subsection E is defined to mean:
(a)
The Staffordshire bull terrier breed of dog.
(b)
The American pit bull terrier breed of dog.
(c)
The American Staffordshire terrier breed of dog.
(d)
Any dog which has the appearance and characteristics of being
predominantly of the breeds of the Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, or a combination
of any of these breeds.
(2)
Keeping of registered pit bull dogs. The provisions of this Subsection E are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Glenwood City as of the date of passage of this subsection. Keeping, owning or harboring of such dogs is, however, subject to the following conditions:
(a)
Leash and muzzle. No person shall permit a registered pit bull
dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit
a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of
the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc. In addition, all pit bull dogs on
a leash outside the animal's kennel or pen must be muzzled by
a muzzling device sufficient to prevent such dog from biting persons
or other animals.
(b)
Confinement. All registered pit bull 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 E(2)(a). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(c)
Confinement indoors. No pit bull dog may be kept on a porch
or patio or in any part of a house or structure that would allow the
dog to exit such building on its own volition.
(d)
Signs. All owners, keepers or harborers of registered pit bull
dogs within the City shall, within 10 days of the effective date of
this subsection, display in a prominent place on their premises a
sign easily readable by the public using the words "Beware of Dog."
In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
(e)
Insurance. All owners, keepers or harborers of registered pit
bull dogs must, within 30 days of the effective date of this subsection,
provide proof to the City Clerk-Treasurer of public liability insurance
in a single incident amount of $50,000 for bodily injury to or death
of any person or persons or for damage to property owned by any persons
which may result from the ownership, keeping or maintenance of such
animal. Such insurance policy shall provide that no cancellation of
the policy will be made unless 10 days' written notice is first
given to the Clerk-Treasurer.
(f)
Registration. All owners, keepers or harborers of pit bull dogs
shall, within 30 days after the effective date of this subsection,
register said dog with the City by filing with the Clerk-Treasurer
two color photographs of the dog clearly showing the color and approximate
size of the dog.
(g)
Reporting requirements. All owners, keepers or harborers of
registered pit bull dogs must, within 10 days of the incident, report
the following information in writing to the Clerk-Treasurer:
(h)
Animals born of registered dogs. All offspring born of pit bull
dogs registered with the City must be removed from the City within
six weeks after the birth of said animal.
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 § 100.32(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 fewer than
six, unless the purpose of selling these animals is for agricultural,
wildlife or scientific purposes.[1]
[1]
Editor's Note: Original § 7-1-14, Providing proper food and drink to confined animals, and § 7-1-15, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 951.13 and 951.14, Wis. Stats., adopted by reference in § 314-1 of this Code.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement or animal control officer may remove, shelter
and care for an animal found to be cruelly exposed to the weather,
starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person
to be sheltered, cared for and given medical attention, if necessary.
In all cases the owner, if known, shall be immediately notified and
such officer, or other person, having possession of the animal shall
have a lien thereon for its care, keeping and medical attention and
the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within seven days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.[1]
(4)
Whenever in the opinion of any such officer an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, of the Wisconsin Statutes are hereby adopted
by reference and made a part of this 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 City or any animal control agency
with which the City has an agreement or contract shall have the authority
to take custody of such animal for the purpose of providing medical
treatment, and the owner thereof shall reimburse the person or organization
for the costs of such treatment.
No person except a police officer or health or humane officer
in the pursuit of his duties shall, within the City, shoot or kill
or commit an act of cruelty to any animal or bird or disturb any bird's
nest or bird's eggs.
A.
Purpose. The keeping of a large number of dogs and/or cats within
the City of Glenwood City for a considerable period of time detracts
from and, in many instances, is detrimental to healthful and comfortable
life in such areas. The keeping of a large number of dogs and/or cats
is, therefore, declared a public nuisance.
B.
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A parcel of land zoned as residential, occupied or to be
occupied by a dwelling, platted or unplatted, and under common ownership.
For the purpose of this section, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
C.
Number limited. No family shall own, harbor or keep in its possession
more than three dogs and/or cats on any residential lot without the
prior approval of the Common Council, except that a litter of pups
or kittens or a portion of a litter may be kept for not more than
12 weeks from birth. If more than one family resides on a residential
lot, then only a total of three animals shall be allowed per residence,
unless prior approval is obtained from the Common Council. For the
purposes of this section, the term "family" shall be defined as one
or more persons.
It shall be unlawful for any person to cause or permit any animal,
specifically including but not limited to dogs, horses, and cats,
to be on property, public or private, not owned or possessed by such
person unless such person has in his immediate possession an appropriate
device for scooping excrement and an appropriate depository for the
transmission of excrement to a receptacle located upon property owned
or possessed by such person. Any person causing or permitting a dog,
horse, or cat to be on property not owned or possessed by such person
shall immediately remove all excrement of such dog, horse, or cat
to a receptacle located upon property owned or possessed by such person.
No person shall permit his or her dog or other animal to excrete feces
upon public rights-of-way or in any park in the City. This section
shall not apply to a person who is visually or physically handicapped.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on City-owned land within the City of Glenwood
City, to set, place or tend any trap for the purpose of trapping,
killing, catching, wounding, worrying or molesting any animal, except
by use of live box-type traps only. Live box-type traps shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.[1]
B.
This section shall prohibit the use of all traps other than live
traps as described above, including but not limited to traps commonly
known as leg traps, pan-type traps or other traps designed to kill,
wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with Chapter 29
of the Wisconsin Statutes as it relates to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the City of Glenwood
City or its employees or agents from performing their official duties.
Any person who violates this chapter shall be subject to a penalty as provided in § 1-4 of this Code. This section shall also permit the City Attorney to apply to a court of competent jurisdiction for temporary or permanent injunction restraining any person from violating any aspect of this chapter.