[HISTORY: Adopted by the Village Board of the Village of
Grantsburg at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). 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 its owner, or in 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.
Has that meaning 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.
As used herein as describing a dog or cat shall mean 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 definition.
An animal kept and treated as a pet.
A.
Rabies vaccination required. The owner of a dog shall have the dog
vaccinated against rabies by a veterinarian within 30 days after the
dog reaches five months of age and revaccinated within one-year after
the initial vaccination. If the owner obtains the dog or brings the
dog into the Village of Grantsburg after the dog has reached five
months of age, the owner shall have the dog vaccinated against rabies
within 30 days after the dog is brought into the 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 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.
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, breed and color of the dog, whether spayed or unspayed,
neutered or unneutered, the date of the vaccination, the type of rabies
vaccination administered and the manufacturer's serial number, and
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 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.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of Grantsburg
to own, harbor or keep any dog more than five months of age without
complying with the provisions of §§ 174.05 through
174.10, Wis. Stats., relating to the listing, licensing and tagging
of the same.
(2)
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license tax and obtain a license.
(3)
The Village Board shall establish the dog license tax in accordance
with § 174.05, Wis. Stats. The license year shall commence
January 1 and end December 31.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 200-2 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. The Village 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.
(5)
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 200-2E.
(6)
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 law enforcement officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Treasurer upon application therefor.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as set by the Village Board. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Treasurer shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be located in residential areas after a conditional use permit has been issued pursuant to Chapter 595, Zoning, of this Code.
(2)
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a kennel license, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. These
tags may be transferred from one dog to another within the kennel
whenever any dog is removed from the kennel. The rabies vaccination
tag or substitute tag shall remain attached to the dog for which it
is issued at all times, but this requirement does not apply to a show
dog during competition, to a dog securely confined indoors or to a
dog securely confined in a fenced area. No dog bearing a kennel tag
shall be permitted to stray or to be taken anywhere outside the limits
of the kennel unless the dog is in leash or temporarily for the purposes
of hunting, breeding, trial, training or competition.
The Village Treasurer shall assess and collect a late fee as
set by the Village Board 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 a district is quarantined for rabies,
all dogs and cats within the Village 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
Village Clerk shall promptly post in at least three public places
in the Village notices of quarantine.
B.
Exemption of vaccinated dog or cat from Village 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 Village 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 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 quarantine cannot be imposed because the dog or
cat cannot be captured, the officer may kill the animal. The officer
may kill a dog or cat only as a last resort if the owner agrees. 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 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 the County Health Department. The veterinarian or County 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 Village, the veterinarian or the County Health Department which
prepared the carcass and, if the animal is suspected to have bitten
a person, that person or the person's physician.
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 Village, the Laboratory
of Hygiene, the County 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 Village
of Grantsburg to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(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
section, 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. Any vicious dog which is found off the premises of its owner
other than as hereinabove provided may be seized by any person and,
upon delivery to the proper authorities, may, upon establishment to
the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(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 Village. 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. Any animal running
at large unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a 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 the 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.
A.
Animal control agency.
(1)
The Village of Grantsburg 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, and disposition of impounded animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of Grantsburg does hereby delegate 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 law enforcement officer may impound
any dog, cat or other animal which habitually pursues any vehicle
upon any street, alley or highway of this Village; assaults or attacks
any person; is at large within the Village; 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 subsection or have
in his possession a signed statement of a complaining witness made
under oath alleging the facts regarding the violation and containing
an agreement to reimburse the Village for any damages it sustains
for improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement 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, but if such owner is
unknown or unascertainable, the officer shall post written notice
in three public places in the Village, giving a description of the
animal and stating where it is impounded and the conditions for its
release, after the officer has taken such animal into his possession.
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 14
days for observation purposes. Within such time, the owner may reclaim
the animal upon payment of impoundment fees, such fees to be established
by resolution of the Village Board. No animal shall be released from
the pound without being properly licensed if so required by state
law or Village ordinance.
D.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the Village or its animal control agency may sell
the animal to any willing buyer.
E.
Village not liable for impounded 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.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead blind persons shall be exempt from this
section.
Every owner 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 Police Department and shall keep such dog
or cat confined for not less than 14 days or for such period of time
as the Police Department shall direct. The owner or keeper of any
such dog or cat shall surrender the dog or cat to a law enforcement
officer upon demand for examination.
The owner or person in charge of any dog or other animal shall
not permit solid fecal matter of such animal to deposit on any street,
alley or other public or private property, unless such matter is immediately
removed therefrom by said owner or person in charge. This section
shall not apply to a person who is visually or physically handicapped.
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 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 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 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 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 by 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, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his 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, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and 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)
Piranha fish (Characidae).
(22)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocero tidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
(29)
Except in properly zoned districts, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens 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 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; or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement 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 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 for expenses, of the Wisconsin Statutes are hereby adopted
by reference and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event that 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.
No person except a law enforcement officer in the pursuit of
his duties shall, within the Village, 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.
In the interest of public health and safety, it shall be unlawful
for any person, in or on land within the Village of Grantsburg, 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.
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 Ch. 29, Wis.
Stats., as it relates to trapping.
D.
This section shall not apply to trapping within the confines of buildings
or homes.
E.
Nothing in this section shall prohibit or hinder the Village of Grantsburg
or its employees or agents from performing their official duties.
The operator of any vehicle involved in an accident resulting
in injury to or death of a dog, cat or other animal which appears
to be a pet shall immediately notify the Police Department or an animal
control agency whose jurisdiction extends into the Village.
A.
Purpose. The keeping of a large number of dogs within the Village
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 is, therefore, declared a public
nuisance.
B.
FAMILY
RESIDENTIAL LOT
Definition. As used in this section, the following terms shall have
the meanings indicated:
One or more persons.
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.
(1)
No family shall own, harbor or keep in its possession more than three
dogs on any residential lot without the prior approval of the Village
Board, except that a litter of pups or a portion of a litter may be
kept for not more than eight weeks from birth. If more than one family
resides on a residential lot, then only a total of three dogs shall
be allowed on the residential lot unless prior approval is obtained
from the Village Board.
(2)
The above requirement may be waived with the approval of the Village
Board or when a kennel license has been issued by the Village. Such
application for waiver shall first be made to the Village Clerk.
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 unless the
bees are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary.
(2)
If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be provided on said
premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of the state statutes.
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.
A.
Sanitary requirements. Except in properly zoned areas, the keeping
of livestock is prohibited.
B.
Animals excluded from food-handling establishments. No person shall
take or permit to remain any dog, cat or other live animal on or upon
any premises where food is sold, offered for sale or processed for
consumption by the general public.
A.
Purpose. The purpose of this section is to provide standards for
the keeping of a limited number of domesticated chickens and other
poultry on residential parcels in the Village of Grantsburg on a noncommercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Village recognizes that the keeping of barnyard
chickens helps provide locally produced affordable and sustainable
food. In addition, the keeping of such chickens can also provide animal
companionship, weed and insect control, and nitrogen-rich fertilizer.
The Village of Grantsburg recognizes, however, that potential adverse
impacts may result from the keeping of domesticated chickens as a
result of odor, unsanitary waste removal and storage practices, noise,
improper living conditions, non-confined poultry leaving the owner's
property, and the attraction of predators, rodents or insects. This
section is intended to balance these interests. This section is not
intended to apply to indoor non-poultry birds kept as pets, including
but not limited to parrots and parakeets, nor to the lawful transportation
of fowl through the Village of Grantsburg.
B.
CHICKEN
CHICKEN COOP
CHICKEN PEN
Definitions. The following definitions shall be applicable in this
section:
Includes the following types of poultry and fowl: chickens,
ducks, pigeons, doves, and quail. (Note: Other poultry types are specifically
addressed in this section.)
A structure, enclosure or building for the sheltering of
chickens or other poultry. An existing shed or garage may be utilized
for this purpose if it meets the standards of this section, including
required distances to property lines and neighboring residences, and
the area in the structure dedicated to sheltering of poultry does
not exceed the maximum dimensions permitted for a freestanding dedicated
chicken coop. Also known as a "hen house" or "chicken house."
An outdoor fenced area for poultry grazing and exercise use
associated with a chicken coop structure. Also known as a "run."
C.
Where permitted. Chickens may be raised on parcels zoned R-1 Single-Family Residential District, R-2 Single-Family Residential District, R-3 Two-Family Residential District, or R-5 Residential Estate District, as each are defined in Chapter 595, Zoning, of this Code, in accordance with the regulations prescribed in this section where a principal residence exists on the parcel.
D.
Permit required; application requirements. No chickens may be kept in the Village of Grantsburg on parcels with a residential zoning classification specified in Subsection C above except pursuant to a permit obtained from the Village Clerk under this section. Only one permit may be issued to a single residential parcel. A permit may be issued upon the applicant's meeting of the application requirements below and the husbandry and location standards of this section.
(1)
Consent from parcel owner and adult residents. The applicant shall
provide with his application the written consent from all adult residents
residing on the parcel for which the permit is sought and the owner
of such parcel.
(2)
Consent from two-family neighbors. In the case of an applicant residing
on a parcel with a two-family residence, the applicant shall provide
with his application the written consent from the adult occupants
of the other residential unit(s) on the parcel.
(3)
Neighborhood approval. The applicant shall provide with his application
the written consent from the owners of all adjoining or diagonally
abutting properties, including those located across an alley or street.
(4)
Site plan. The applicant shall provide a site plan with an application
with the following minimum information:
(a)
The location and dimensions of the proposed chicken coop and
any associated pen.
(b)
The proposed location of a coop and associated pen.
(c)
Property boundaries and the distance of the coop and pen from
all lot lines and principal structures located on adjacent lots.
(d)
A description of how the poultry will be maintained and the
number of fowl to be kept at the address.
(5)
Fee. The applicant shall make payment of a one-time permit fee prescribed
in the Village of Grantsburg Schedule of Fees. Permit fees will not
be prorated in the case of mid-year applications. No permit fee is
refundable in whole or in part.
(6)
Inspection consent. Application and issuance of a permit under this
section constitute consent by the applicant to the Village of Grantsburg
and any of its employees or agents to enter upon the applicant's property
to ascertain compliance with this section and with the terms of the
permit, for as long as a permit is in effect.
(7)
Permit issuance; appeals.
(a)
Permits will be issued by the Village Clerk upon a finding that
all conditions for a permit have been met. Written notice of the granting
or denial of a permit shall be provided to the applicant and to any
person who has filed an objection to the granting of the permit. If
a permit is denied, the Village will provide the reasons for such
denial.
(b)
The Village may specify maximum size limits or other conditions
for a chicken coop and/or pen as a condition of permit issuance.
(c)
Any person aggrieved by the granting or denial of a permit may
have such grant or denial reviewed by the Village Board by filing
a written request for review with the Village Clerk no later than
10 days after the mailing date of the notice of grant or denial.
(d)
Permits issued under this section are not transferable without
reapplication.
E.
Permit revocation; citizen complaints.
(1)
Revocation grounds. A permit issued under this section may be revoked
by the Zoning Administrator or other enforcement official upon a finding
that:
(2)
Citizen complaints. A citizen may file a written complaint for consideration
by the Zoning Administrator or other enforcement official. Upon review,
a revocation action may be initiated by the Zoning Administrator or
other enforcement official.
(3)
Revocation procedures. The Zoning Administrator or other enforcement
official shall provide written notice to the permittee upon the revocation
of a permit and shall include in the notice a listing of the reasons
for the revocation and a notice of the permittee's appeal rights as
provided in this subsection. The Zoning Administrator or other enforcement
official shall also provide a copy of the notice to any person who
has filed a written and signed complaint regarding the permittee,
and shall also provide to any such person notice of a non-revocation
on the basis of such complaint.
(4)
Permit revocation appeals. Any person aggrieved by the revocation
or non-revocation of a permit may appeal such decision and have the
action reviewed by the Village Board by filing a written request for
review with the Village Clerk no later than 10 days after the mailing
date of the notice of action.
F.
Chicken coop standards. A coop shall be provided and shall be designed
to provide safe and healthy living conditions for the chickens while
minimizing adverse impacts to other residents in the neighborhood.
Chickens shall be provided with a building or structure ("coop") that
meets the criteria set forth below:
(1)
Location. The coop shall be located no closer than five feet to a lot line, and no closer than 25 feet to any residence other than that of the permittee, and may not be located in the street or side yard of the lot, as those terms are defined in Chapter 595, Zoning, of this Code.
(2)
Maximum coop size; space per chicken. The maximum size of a chicken
coop shall be no more than 12 feet wide by 12 feet long by eight feet
in height. Each mature chicken shall have minimum of three square
feet of coop floor space. The chicken coop and associated outdoor
pen shall provide a minimum of 64 square feet of space.
(3)
Nesting boxes. There shall be at least one nesting box per mature
chicken in the coop.
(4)
Elevated perches. The coop shall include elevated perches.
(5)
Soundness of construction. The coop must be structurally sound, moisture-proof,
kept in good repair, and attractively finished and maintained. Coop
structures shall have a roof and sides, be enclosed on all sides,
have at least one door, and be a design that is secure from predators,
including but not limited to dogs, cats, raccoons, skunks, rats, coyotes
and hawks. Access doors must be able to be closed and locked to prevent
the escape of chickens and the entry of predators. Fixed coops shall
be moisture-resistant and be either raised up off the ground or placed
on a hard surface such as concrete, patio block or gravel. Chicken
coops shall be constructed and located to reasonably minimize the
collection of standing water. A coop, with attached pen, may be of
a moveable design to facilitate grazing provided such unit meets the
standards of this section.
(6)
Windows; ventilation. The coop shall have adequate windows and vents
to provide for proper light and ventilation. A coop must have at least
one window. Window and vent openings shall be covered with predator-
and bird-proof wire of less than one-inch openings. Coops shall be
located in a manner so as to provide both shade and adequate sunlight.
(7)
Chicken run access. The coop must provide access to the chicken pen/run.
(8)
Temperature. The coop must be maintained at an internal temperature
of not less than 25° F. A heating bulb may be utilized.
G.
Chicken pens. Chickens shall at all times be provided with an outdoor
fenced area that meets the criteria set forth below:
(1)
Location. The chicken pen must be no closer than five feet to lot line, and no closer than 25 feet to any residence other than that of the permittee, and may not be located in the street or side yard, as those terms are defined in Chapter 595, Zoning, of this Code.
(2)
Space per chicken. Each mature chicken shall have minimum of six
square feet of ground space within a chicken pen.
(3)
Minimum dimensions. The chicken pen must have minimum dimensions
of three feet wide by three feet long by three feet tall.
(4)
Fencing; mesh size. The chicken pen sides shall be closed with sturdy
wire fencing of a mesh size of not more than one-inch openings.
(5)
Chicken pen roof fencing. The chicken pen shall be covered with wire
fencing or stout aviary netting with a mesh size of openings not more
than one-inch square or with solid roofing, to prevent entry by predators.
(6)
Fencing burial. If the chicken pen is not mobile, side fencing must
be buried at least one foot underground around the entire periphery
of the pen to prevent burrowing by predators or rodents.
H.
Miscellaneous requirements.
(1)
Number limits. The maximum number of chickens which may be kept on a residential parcel as zoned under Subsection C is as follows: six for residential lots.
(2)
Roosters. Only female chickens are permitted on residential parcels,
and the keeping of roosters over four months of age is prohibited
on residential parcels.
(3)
Food and water. Chickens shall be provided with access to adequate
clean water and food at all times; steps shall be taken to keep such
water and food unavailable to predators and rodents.
(4)
Confinement standards. Chickens shall be kept confined in a coop
or pen enclosure at all times, except that during daylight hours chickens
may be allowed outside of their chicken pens or coops in a securely
fenced yard if directly supervised. Chickens shall not have access
to or be allowed to roam onto neighboring properties. Chickens shall
be secured within the coop during non-daylight hours.
(5)
Manure storage and removal; sanitary standards.
(a)
The coop shall be cleaned daily, with droppings, uneaten food,
feathers, and other daily waste from the coop enclosure. Provision
shall be made for the storage and removal of chicken manure and other
waste generated. All stored manure shall be contained within a fully
enclosed building or in a predator- and vermin-proof container with
a secure lid. Manure not used for fertilizing or composting shall
regularly be removed from the site.
(b)
Feed shall be stored in a predator- and vermin-proof container
with a secure lid. Uneaten or spoiled feed shall be removed in a timely
manner.
(c)
The coop, pen, and surrounding area shall be kept free from
trash and excessive accumulated droppings and shall at all times be
clean and well-maintained.
(d)
Mobile chicken coops or pens shall be moved daily to prevent
excessive manure or pathogen accumulation.
(e)
If a chicken dies, it shall be disposed of promptly in a sanitary
manner.
(f)
Chickens shall not be kept in the principal residence past eight
weeks of age.
(6)
Lighting. Only motion-activated lighting may be used as a regular
means of illuminating the exterior of the coop.
(7)
Noise and odor impacts.
(a)
Perceptible noise from chickens shall not be persistent or be
of such loudness at the property boundaries to disturb persons of
reasonable sensitivity.
(b)
Odors from chickens, chicken manure, or other substances related
to the keeping of chickens shall not be perceptible at the property
boundaries.
(8)
Slaughtering of chickens. No slaughtering of chickens shall take
place outside or within public view.
(9)
Restrictive covenants. While the Village is not an enforcement authority
for private or restrictive covenants in place for certain subdivisions,
it is the responsibility of the permittee to also investigate and
be in compliance with any applicable land division restrictive covenants
on the keeping of poultry within that subdivision.
I.
Sale of eggs; commercial activities. A permittee or family member
of a permittee may sell eggs laid by the chickens permitted under
this section from the residence for which the permit has been issued,
provided that the permittee complies with all other applicable laws.
The sale of such eggs is not considered a commercial use or a home
occupation. Chickens may not be kept for any type of commercial purposes.
It shall be unlawful for any person to hatch or keep live poultry
within the Village on a residential-zoned parcel for the purposes
of sale or breeding.
J.
Fighting fowl prohibited. The raising or keeping of poultry or fowl
for fighting purposes and actual fighting activities are prohibited
in the Village of Grantsburg.
K.
Penalties. A forfeiture may be assessed for any violation of this section in an amount as authorized in § 1-4 of this Code. Each day that a violation of this section continues is deemed a separate violation. Any violation hereunder shall be deemed a separate violation for each chicken kept in violation of this section.
A.
Unless otherwise provided, any person violating any section of this chapter or Ch. 174, Wis. Stats., shall be subject to a penalty as provided in § 1-4 of this Code.
B.
An owner who refuses to comply with an order issued under § 200-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000, plus any court costs and penalty assessments.
C.
Each day that a violation of this chapter continues shall be deemed
a separate violation. Any dog found to be the subject of a violation
of this chapter shall be subject to immediate seizure, impoundment
and removal from the Village by Village officials in the event the
owner or keeper of the dog fails to remove the dog from the Village.
In addition to the foregoing penalties, any person who violates this
chapter shall pay all expenses including shelter, food, handling and
veterinary care necessitated by the enforcement of this chapter.
