[HISTORY: Adopted by the Village Board of
the Village of Vernon 2-3-2022 by Ord. No. 2022-02.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
117, Animals (Ch. 11 of the Town Code), adopted 1-17-1999 by Ord.
No. 59, as amended.
It is declared to be in the interest of the
public health, safety and welfare that keeping animals within the
Village be regulated in order to prevent the animals from becoming
a public nuisance, injuring people and property, and spreading disease.
This chapter is enacted pursuant to Village powers. Chapters 172,
173 and 174, Wis. Stats., are adopted and made a part of this chapter
as if fully set forth herein. Any future additions, amendments, revisions,
or modifications of the current or future statutes incorporated herein
are intended to be made part of this chapter in order to secure uniform
statewide regulation of animals.
A.
Animals running at large. It shall be unlawful for the owner or keeper of any animal to permit the animal to run at large any place within the Village unless accompanied by, and under the control of, the owner or keeper of said animal. This chapter shall not prohibit any animal running at large upon premises owned or occupied by the owner or keeper of the animal. Penalties for the violation of this subsection shall be as provided by § 117-9 of this chapter.
B.
Vicious animals.
(1)
It
shall be unlawful for the owner, keeper, or licensee of any animal
to permit an animal that is vicious to be off a premises owned or
occupied by the owner, keeper, or licensee of the animal unless the
animal is:
(2)
Proof that an animal has bitten, scratched, attacked or injured any person shall constitute a prima facie showing that such animal is vicious. Proof that an animal that has wounded or worried any horses, cattle, sheep, lambs or other animals while running at large off the premises owned or occupied by the owner, keeper, or licensee of the animal is also a prima facie showing that such animal is vicious. Vicious animals are a declared public nuisance. A judgment that the nuisance be abated may include a provision that the animal be destroyed by a public officer in a humane manner. Penalties for the violation of this subsection shall be as provided by § 117-9 of this chapter, in addition to such other penalties and remedies as may be available, including the remedies of Chapter 230 of this Code.
The keeping or harboring of any animal that frequently or habitually howls, yelps, barks, or makes other noises that greatly annoy or disturb a neighborhood or any considerable number of persons within the Village shall be prohibited. Abatement of said animal shall be as outlined in Chapter 230, Nuisances, §§ 230-9, 230-10 and 230-11. Penalties shall be as provided in § 117-9 of this chapter.
Every owner of a dog more than five months of
age on January 1 of any year must pay the dog license tax and obtain
a license.
A.
License year. The license year commences on January
1 and ends the following December 31.
B.
License tax. A license tax shall be established by
resolution.
C.
Late fees. If the owner fails to obtain a license
prior to April 1 of each year or within 30 days of acquiring ownership
of a licensable dog, a late fee shall be charged. The collecting official
shall collect the late fee established by resolution.
D.
Rabies shots required. No dog license shall be issued
unless the dog has received a rabies vaccination as required by law
and the owner has provided the Village with adequate proof thereof.
A.
Term and salary. The position of the Humane Officer(s)
shall be filled by the appointment of the Village President, subject
to confirmation by the Village Board, for a one-year period. The Humane
Officer(s) shall receive such compensation as established by motion
of the Village Board.
B.
Duties of the Humane Officer(s). The Humane Officer(s)
shall have the power and authority to apprehend and confine animals
in a shelter as provided in this chapter, and such Humane Officer(s)
shall have the power and authority to enforce this chapter, including
the right to commence actions for the collection of any forfeiture
imposed by this chapter. The Humane Officer(s) shall have the animal
control duties assigned to him or her by motion of the Village Board.
A.
Confinement. It shall be the duty of the Humane Officer(s)
appointed by the Village Board to apprehend any animal running at
large within the Village of Vernon if such animal is not on the premises
of its owner or keeper and is not accompanied by or under the control
of its owner or keeper. Confinement of the animal shall take place
in the area provided by the Humane Officer(s).
B.
Disposition of unclaimed animals. The Humane Officer(s)
shall keep all apprehended animals for a period of seven days at a
pound to be provided by the Humane Officer(s) for that purpose. If
any animal is not reclaimed by the rightful owner within such time,
it may be sold for the amount incurred in the keeping of said animal
or may be destroyed in such humane manner as the Humane Officer(s)
shall direct.
C.
Treatment of injured or diseased animals and disposal.
The designated Humane Officer(s) may, in his or her discretion, treat
a diseased or injured animal in the Humane Officer's possession, as
a preventive measure, considering the health of the animal and health
of other animals in the pound. The Humane Officer(s) may destroy,
in a humane manner, at any time, an animal in the Humane Officer's
possession, provided that such animal is so injured or diseased that,
in the opinion of the Humane Officer(s) or veterinarian(s) consulted
by the Humane Officer(s), the animal is suffering to a great extent
or will not survive such injury or disease.
A.
Unclaimed animals. The Village shall pay to the designated
Humane Officer(s) the following amounts established by motion of the
Village Board:
(1)
Reasonable compensation to board and care for any
animal apprehended and confined. The Village shall not pay for boarding
of the animal in excess of seven days.
(2)
All veterinarian and medication costs reasonably incurred
by the Humane Officer(s) for the services provided exclusively to
the Village as a Village agent.
(3)
Reasonable compensation to apprehend any animal.
(4)
The reasonable costs of the destruction and disposal
of the animal.
B.
Reclaimed animals. The owner, keeper, or licensee
of any animal so confined may reclaim the animal any time before the
same is disposed of as hereinbefore provided upon payment of all costs
and charges incurred in the apprehension, keeping and care of the
animal, plus an administrative fee established by resolution. All
fees shall be paid to the designated Humane Officer(s) before the
animal is released. If the animal is a dog or cat, the Humane Officer(s)
shall require proof of licensing and payment of other Village fees,
and proof that the animal is currently immunized against rabies, or
presentation of a prepaid receipt from a veterinary clinic before
the release of an animal to its owner, keeper, or licensee.
C.
Referral to the Village Board. In the event a person
claiming an animal refuses or is unable to pay the foregoing amount,
the Humane Officer(s) shall forthwith refer the matter to the Village
Chairperson. The Village Chairperson and one Village Supervisor shall
direct the Humane Officer(s) in the manner that he should proceed
to resolve the matter. The Village Chairperson and the one Supervisor
have the authority to direct the Humane Officer(s) to dispose of the
animal as if unclaimed, return the animal to the person claiming the
animal, waive some or all monetary payment that shall be borne by
the Village in whole or in part, or resolve the matter in such other
manner as the Village Chairperson and the Supervisor may determine
as just and equitable.
The Humane Officer(s) shall maintain and keep
records reflecting the activities of the Humane Officer(s), pursuant
to this chapter and state law, and give a written report monthly to
the Village Board so that a written report may be considered by the
Village Board at its regular monthly meeting. All records kept by
the Humane Officer(s) pursuant to this chapter and state law shall
be Village records.
The Humane Officer(s) appointed by the Village Board shall have the power and authority to apprehend and confine animals as provided in this chapter and to otherwise enforce this chapter. An action to restrain or enjoin violations may be instituted only after authorization by the Village Board. Penalties for a violation of this chapter shall be as described in Chapter 1, § 1-10 of this Code.
A.
COMMERCIAL KENNEL
HOBBY KENNEL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment, structure, or premises where dogs are raised
and sold, bred, boarded, or trained for commercial purposes. The raising
or selling of three or more litters of dogs from any number of adult
dogs per year shall constitute a commercial kennel.
An establishment, structure, premises, or pursuit accessory
to the principal use of the property where three or more dogs of six
or more months of age are kept for such private purposes as pets,
field trials, shows, or hobby, which is not a commercial kennel. The
raising of two litters of dogs per year on a premises and the sale
or disposal of said dogs within six months of their birth shall also
be considered a hobby kennel.
B.
When hobby kennel license is required. No more than
three dogs, subject to be licensed as set forth hereinbefore, shall
be kept on any premises within the Village without obtaining a kennel
license from the Plan Commission as required under the terms as set
forth in this section.
C.
Licensing procedure required for approval of commercial
license. The application and approval of a commercial license shall
require a conditional use permit from the Village Plan Commission.
The applicant must abide by the requirements of the Village Plan Commission,
this chapter, and the terms and conditions of the approved commercial
kennel license. The Village shall charge a yearly commercial license
fee and an application fee established by resolution.
D.
Licensing procedure required for approval of hobby
kennel license. The following procedure shall be required for a hobby
kennel within the Village:
(1)
Application. The hobby kennel license shall be subject
to the approval of the Village Plan Commission. An applicant may obtain
application forms from the Village Clerk and shall file completed
application forms, fees, and any information required thereby with
the Village Clerk or Plan Commission Secretary/Deputy Clerk.
(2)
Hearings. The Village Clerk or Plan Commission Secretary/Deputy
Clerk shall establish a date, time and place for a public hearing
before the Village Plan Commission. Written notice of the application,
hearing, and time shall be made known to all owners of property located
within 500 feet of the parcel where the kennel is to be located.
(3)
Decision. The Village Plan Commission has the authority
to grant or deny the license or grant the license with conditions.
The decision by the Village Plan Commission shall be made within a
reasonable time subsequent to the hearing on the application. The
Village Clerk or Plan Commission Secretary/Deputy Clerk shall give
notice to the applicant of the decision.
(4)
Fees. The applicant shall pay to the Village Clerk or Plan Commission Secretary/Deputy Clerk, upon filing the application, a nonrefundable filing fee established by resolution. This filing fee is in addition to the yearly per-dog license tax set forth and established by § 117-4B hereof.
(5)
Annual renewal fee. The applicant shall pay an annual renewal fee for each year that the hobby kennel continues subsequent to the year of issuance of the hobby kennel license, in the amount established from time to time by the Village Board by separate resolution, with such fee being paid at the same time as the license tax described in § 117-4 hereof.
A.
BEEKEEPER
BEEKEEPING
BEEKEEPING EQUIPMENT
COLONY
DEPARTMENT
HIVE
HONEYBEE
VILLAGE OF VERNON BEEKEEPING INFORMATION CARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person who owns or is responsible for one or more hives
or colonies of bees.
The deliberate harboring, keeping and maintenance of colonies
or hives of honeybees.
Anything used in the keeping of bees, such as hive bodies,
supers, frames, top and bottom boards, and extractors.
A group of honeybees consisting principally of workers, but
under usual circumstances having one queen and many drones; and including
brood, combs, and honey.
The Village of Vernon Clerk's Office.
A container in which a colony resides.
All life stages of the common domestic honeybee, species
Apis mellifera, bred for gentleness and nonswarming characteristics,
and excludes any Africanized hybrids.
Information card which is filed with the Clerk's Office allowing
the Village of Vernon to have all important contact information related
to permitting beekeeping in the Village of Vernon.
B.
Village of Vernon beekeeping information contact card required.
(1)
No person may engage in beekeeping, or the maintenance of colonies
or hives, within the Village of Vernon without completing a Village
of Vernon beekeeping information contact card for the locations at
which hives or colonies are maintained; and a Village of Vernon beekeeping
information contact card shall be required for each location.
C.
General rules.
(1)
No person may keep colonies or hives in the Village of Vernon in
any way that causes a public nuisance, causes an unreasonable risk
of physical harm to any person or domestic animal, unreasonably interferes
with normal activities of persons or domestic animals, or unreasonably
interferes with the normal use and enjoyment of any private or public
property. Compliance with all of the requirements of this section
shall create a rebuttable presumption of compliance with this subsection.
(2)
No person may intentionally keep colonies or hives of bees other
than honeybees, except for wild bees that select their hive location
naturally.
(3)
All colonies shall be kept in well maintained manufactured, Langstroth-type
hives with removable frames or a top bar hive, which shall be maintained
in sound and sanitary condition.
D.
Location of hives.
(1)
Hives shall not be located less than 20 feet, measured at the closest
points, from the boundary of the property on which the hives are located
and any other property, unless the properties on either side of the
boundary are owned by the same individual or entity, or unless the
then-current owner of the adjacent property gives written permission
for the hives to be nearer than 20 feet.
E.
Maximum numbers of hives allowed. No person shall keep more than
the following numbers of hives in the Village:
(1)
Parcels 1/4 acre or less: two hives.
(2)
Parcels larger than 1/4 acre but no larger than 1/2 acre: four hives.
(3)
Parcels larger than 1/2 acre but no larger than one acre: six hives.
(4)
Parcels larger than one acre: eight hives.
(5)
Regardless of parcel size, if all hives are located at least 200
feet in any direction from all boundary lines of the parcel on which
the hives are located, there shall be no limit to the number of hives.
F.
Aggressive behavior. The beekeeper must use all practical skills
to prevent aggressive behavior.
G.
Maintenance. Beekeepers shall maintain all hives and beekeeping equipment
in a good and sanitary condition and shall observe at all times the
best accepted practices recognized within the beekeeping industry.
Beekeepers shall ensure that no honeycomb or other materials that
might attract wildlife, rodents or vermin are left open on the property.
Upon removal from the hive, all such materials shall be promptly disposed
of in a sealed container or placed within a building or other bee-proof
enclosure.
H.
Inspection. The Village of Vernon reserves the right to inspect any
property that has a Village of Vernon beekeeping information contact
card on file with the Village of Vernon. The Village of Vernon reserves
the right to ask for assistance from experienced beekeeping owners
to assist in the inspection of beekeeping activity. Expenses of inspections
shall be paid by beekeeper.
I.
Violation and penalties.
(1)
Conduct not in compliance with this section is prohibited.
(2)
Violation of the terms of this section shall result in the revocation
of the beekeeping at the location. Upon revocation, all beekeeping
at the location shall cease, subject to the appeal to the Vernon Village
Board of Trustees.
(3)
Any person who keeps bees without a Village of Vernon beekeeping
information contact card on file with the Village of Vernon, which
is required by this section, shall be subject to the penalties as
established by the Vernon Village Board of Trustees, and all honeybees,
hives and colonies belonging to the person or under the person's control
shall be removed from the Village or destroyed.
(4)
Any person having a Village of Vernon beekeeping information contact card on file with the Village of Vernon, required by this section, who violates this section shall, in addition to having his or her privilege revoked, be subject to the penalties described in § 1-10 of this Code, and in addition, upon second and subsequent violations of this section, all hives and colonies belonging to or under the control of the beekeeper shall be ordered removed from the Village.
A.
BACKYARD CHICKENS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A place where chickens are kept for the use and enjoyment
of those living on the premises.
B.
Regulation.
(1)
Legislative intent. The keeping of backyard chickens on residential
lots in the Village of Vernon is consistent with the Village's rural
character and desire to foster sustainable agriculture while addressing
issues related to public health, safety, and welfare.
(2)
Generally. Backyard chickens are allowed as an accessory use to a
single-family residence on lots that are less than three acres.
(3)
Number. No more than five female backyard chickens may be kept. The
keeping of roosters is prohibited.
(4)
(5)
Enclosure considered a structure. A covered enclosure is considered
a structure and is subject to all applicable restrictions in this
Code and applicable zoning requirements.
(6)
Setback requirements. The covered enclosure housing backyard chickens
shall be located at least 25 feet from all property boundary lines
and shall not be located in the front yard. In addition, the covered
enclosure shall be located at least 50 feet from all existing dwelling
units on adjoining properties. In the event a dwelling unit is constructed
on an adjoining property after the covered enclosure is established
under this chapter and the new dwelling is less than 50 feet from
the enclosure, the enclosure is not required to be moved.
(7)
General care and maintenance. The keeping of backyard chickens shall
not cause any nuisance or unhealthy condition, or otherwise interfere
with the normal use of any property.
(8)
Registration required. The owner, operator, or tenant shall register
the premises where backyard chickens are kept with the Wisconsin Department
of Agriculture, Trade and Consumer Protection as required by state
law and maintain such registration for so long as may be required.
(9)
Storage of feed. Feed for the backyard chickens shall be kept indoors
or in a sealed container if kept out of doors.
(10)
Licensing. The keeping of backyard chickens under this section
shall comply with any licensing requirements established by the Village
of Vernon.
A.
POT-BELLIED PIG
Definition. As used in this section, the following term shall have
the meaning indicated:
A pig that is white, black or pinto in color, stands less
than 14 inches at the shoulders and less than 30 inches in length
when grown, weighs less than 220 pounds, that is distinguished by
having erect ears, a straight tail with a plume at the end, and hair
on the back that does not part, and is kept by its owners as a household
pet.
B.
Every owner of a pot-bellied pig must pay the pot-bellied pig license
fee and obtain a license. The license may permit up to two pot-bellied
pigs on the parcel.
C.
License year. The license year commences on January 1 and ends the
following December 31.
D.
License fee. A license fee shall be established by resolution.
E.
Late fees. If the owner fails to obtain a license prior to April
1 of each year or within 30 days of acquiring ownership of a licensable
pot-bellied pig, a late fee shall be charged. The collecting official
shall collect the late fee established by resolution. Imposition of
a late fee is a remedy in addition to such other penalties and remedies
as may apply.
F.
Regulations and requirements.
(1)
Property size. Pot-bellied pigs are allowed as an accessory use to
a single-family residence on parcels that are three acres in size
or larger. Pot-bellied pigs are prohibited in the Village on parcels
under three acres in size.
(2)
Spayed/neutered. Pot-bellied pigs shall be spayed or neutered.
(3)
Leash requirements. Each pot-bellied pig, while outdoors, shall be
restrained by a harness and leash, or similar restraint not longer
than six feet in length held by a competent person or within a fenced
yard or enclosed building.
(4)
Number. No more than two pot-bellied pigs may be kept on any parcel.
(5)
Proof of vaccination; pseudo rabies and brucellosis shots required.
No pot-bellied pig license shall be issued unless the pot-bellied
pig has received a yearly pseudo rabies and brucellosis vaccination
as required by law and the owner has provided the Village with adequate
proof from a state-licensed veterinarian.
(6)
Litter. The keeper of any pot-bellied pigs shall cause litter and
droppings to be collected in a container or receptacle that when enclosed
shall be verminproof and flytight, and after every such collection
shall cause such container or receptacle to be kept closed. At least
once a week, every such keeper shall cause all litter and droppings
so collected to be disposed of in such a manner as to not permit the
presence of a nuisance to the surrounding neighborhood.
G.
Revocation of license. The license for a pot-bellied pig issued pursuant
to this chapter may be revoked by the Village of Vernon Board upon
the finding that the provisions of this chapter have been violated
and not corrected within 10 calendar days of notice by the Village
Board.
