[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 7, Ch. 1, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
A.
License required. It shall be unlawful for any person in the Village
of Monticello to own, harbor or keep any dog of more than five months
of age after July 1 of the license year without complying with the
provisions of this chapter relating to the listing, licensing and
tagging of the same.
B.
ANIMAL
AT LARGE
CAT
CRUEL
DOG
FARM ANIMAL
LAW ENFORCEMENT OFFICER
NEUTERED
OWNER
PET
Definitions. In this chapter, unless the context or subject matter
otherwise require:
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, 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 section.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of Monticello 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 of 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, spayed or not spayed, neutered or not neutered, breed
and color of the dog; 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 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 does 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 Monticello
to own, harbor or keep any dog more than five months of age without
complying with the provisions of §§ 174.05 through
174.10, Wisconsin Statutes, 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 fee for dogs shall be as from time to time determined by resolution
of the Village Board. These amounts shall be reduced by 1/2 if the
animal became five months of age after July 1 during the license year.
The license year shall commence January 1 and end December 31.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 141-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village 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.
(5)
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog or which the license is issued at all times, except as provided in § 141-2E.
(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 police or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(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 Clerk-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 from time to time determined
by resolution of 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 Clerk-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 the
Village Zoning Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
(3)
The term "kennel" means any establishment wherein or whereon three
or more dogs are kept.
(4)
No kennel license shall be issued to the keeper or operator of a
kennel who fails to provide proper food and drink and proper shelter
for the dogs in said kennel or who neglects or abandons said dogs.
The Chief of Police or other designated official shall investigate
any complaints regarding the failure to maintain proper standards
or investigate any kennel premises upon his own initiative. Expressly
incorporated by reference in this section as minimum standards for
kennel keepers or operator are the relevant provisions of Chapter
951 of the Wisconsin Statutes.
Green County Treasurer does not assess late penalties to licenses
issued to dogs five months old or over if the owner failed to obtain
a license prior to February 15 of each year, or within 30 days of
acquiring ownership of a licensable dog; however, the District Attorney
can prosecute dog owners for not complying with the ordinance of licensing
of dogs.
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-Treasurer 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 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 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 paragraph, "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 or 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 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.
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 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 Village
of Monticello 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 humane or law enforcement
officer.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash not to exceed 10 feet in length 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 owners
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 Monticello 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 impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of Monticello 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 police or humane 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 office must see or hear the violation of this section
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 or humane officer,
the animal shall be impounded. The officer shall notify the owner,
personally or through the U.S. Mail, if such owner be known to the
officer or can be ascertained with reasonable effort, but if such
owner be unknown or unascertainable, the officer shall post written
notice in three public places in the Village, giving a description
of the animal, stating where it is impounded and the conditions or
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, 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 times, 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 doesn't reclaim the
animal within seven days, the animal warden may sell the animal to
any willing buyer.
E.
Village not liable for impounding animals. The Village and/or its
animal control agency shall not be liable for the death of any animal
which has been impounded or disposed of pursuant to this section.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead or help disabled 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 10 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
or humane 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, flower bed, 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) Mexican ridley turtle
(lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This paragraph 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 Collectors Permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his possession or under his control
within the Village any poisonous reptile or any other dangerous or
carnivorous wild animal, 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); ans siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family; for
example, white tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks 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 the Code of the Village
of Monticello.
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; zoological gardens; if:
(1)
Their location conforms to the provisions of the zoning ordinance
of the Village.
(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.
E.
Farm animals. No person shall keep any type of farm animal within
a residential district in the Village, specifically cattle, swine,
poultry, horses, llamas, sheep, goats, etc.
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 owl or rabbits that have been dyed or otherwise colored artificially.
B.
Sale of baby rabbits, chicks and other fowl.
(1)
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.
(2)
No retailer, as defined in § 100.30(2)(e), Wis. Stats.,
may sell, offer for sale, barter or give away living baby rabbits,
baby chicks, ducklings or other fowl under two months of age, in any
quantity less than six, unless the purpose of selling these animals
is for agricultural, wildlife or scientific purposes.
A.
No person owning or responsible for confining or impounding any animal
may refuse or neglect to supply the animal with a sufficient supply
of food and water as prescribed in this section.
B.
The food shall be sufficient to maintain all animals in good health.
C.
If potable water is not accessible to the animals at all times, it
shall be provided daily and in sufficient quantity for the health
of the animal.
A.
Proper shelter. No person owning or responsible for confining or
impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing
in this section shall be construed as imposing shelter requirements
or standards more stringent than normally accepted husbandry practices
in the particular county where the animal or shelter is located.
B.
Indoor standards. Minimum indoor standards of shelter shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)
Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this paragraph, "caged" does not include farm
fencing used to confine farm animals.
(2)
Shelter from inclement weather.
(a)
Natural or artificial shelter appropriate to the local climatic
conditions for the species concerned shall be provided as necessary
for the health of the animal.
(b)
If a dog is tied or confined unattended outdoors under weather
conditions which adversely affect the health of the dog, a shelter
of suitable size to accommodate the dog shall be provided.
D.
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)
Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
E.
Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement 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, is 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 the owner
of such animal cannot be located, the Village or any animal control
agency with whom the Village has an agreement or contract shall have
the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person
or organization for the costs of such treatment.
A.
Acts of cruelty prohibited. No person except a police officer or
health or humane 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 nests or bird's eggs.
B.
Leading animal from motor vehicle. No person shall lead any animal
upon a Village street from a motor vehicle or from a trailer or semi-trailer
drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person may expose
any pet animal owned by another to any known poisonous substance or
controlled substance listed in § 961.14, Wis. Stats., whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming
the animal. This subsection shall not apply to poison used on one's
own premises and designed for the purpose of rodent and pest extermination,
nor the use of a controlled substance used in accepted veterinarian
practice or in research by persons or organizations regularly engaged
in such research.
D.
Use of certain devices prohibited. No person may directly or indirectly,
or by aiding, abetting or permitting the doing thereof either put,
place, fasten, use or fix upon or to any animal used or readied for
use for a work purpose or for use in an exhibition, competition, rodeo,
circus or other performance any of the following devices: a bristle
bur, tack bur or like device; or a poling device used to train a horse
to jump which is charged with electricity or to which have been affixed
nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may instigate, promote,
aid or abet as a principal, agent, employee, participant or spectator,
or participate in the earnings from or intentionally maintain or allow
any place to be used for the shooting, killing or wounding with a
firearm or any deadly weapon any animal, that is tied, staked out,
caged or otherwise intentionally confined in a man-made enclosure,
regardless of size.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on land within the Village of Monticello, except
on parcels zoned agricultural to set, place or tend any trap for the
purpose of trapping, killing, catching, wounding, worrying or molesting
any animal, except 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, except for
trapping on public lakes and waterways in the Village specifically
authorized by the Village Board.
C.
All such traps set, placed or tended shall comply with Chapter 29
of the Wisconsin Statutes as they relate 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 Monticello
or its employees or agents from performing their official duties.
No person may take the dog or cat of another from one place
to another without the owner's consent or cause such a dog or
cat to be confined or carried out of the Village or held for any purpose
without the owner's consent. This section does not apply to law
enforcement officers or humane society agents engaged in the exercise
of their official duties, or as otherwise permitted herein.
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.
DOG
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any canine, regardless of age or sex.
A parcel of land zoned as residential occupied or to be occupied
by a dwelling, platted or unplatted, an 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 two
dogs on any residentially zoned 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 two
dogs shall be allowed on the residential lot unless the prior approval
is obtained from the Village Board. For the purposes of this section,
the term "family" shall be defined as one or more persons.
(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-Treasurer.
[Amended by Ord. No. 2016-0706]
No person shall, without first obtaining a permit under this
section, raise any bees within the Village limits of Monticello. The
following guidelines will need to be adhered to:
A.
The cost of the permit shall be as from time to time determined by
resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
A site plan of the setup of the hives must be attached to permit.
B.
Bee hives must be kept on a vacant lot or a lot with a one family
dwelling.
C.
The hive must be kept in the back yard and not the side or front
yard.
D.
The hive must be a minimum of 10 feet from the property line and
no closer than 25 feet from any principal structure located on any
adjacent lot.
E.
There can be no more than two hives per lot.
F.
Beekeeper shall ensure that a source of water is available to the
bees within 20 feet of the hive, and on the same parcel on which the
colony is located. The water shall be available at all times during
the year when the bees are active so that the bees will not congregate
at swimming pools, pet watering bowls, bird baths or other water sources
where they may cause human, bird or domestic pet contact.
H.
Inspections. In order to ensure compliance with this section and
that there are no hazards or other issues present, the Village may
require a site inspection of the beekeeper's premises and apiary.
I.
Removal of hive. Any hive may be impounded or removed from the Village
for violations of this section upon order of the Village. The beekeeper
shall be responsible for costs of the impoundment or removal.
J.
Appeal. Any person aggrieved by a determination or order of the Village
may appeal in writing to the Public Safety Committee within 30 days
of issuance of the determination or order and may request a hearing
before the committee. A hearing will be conducted as soon as responsibly
possible and no later than 30 days after receiving a request for a
hearing. An appeal will not stay a determination, order or permit
revocation.
A.
Any person violating § 141-15, 141-16, 141-17, 141-18, 141-19, 141-20, 141-21, 141-22 or 141-23 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Penalties.
(2)
An owner who refuses to comply with an order issued under § 141-5 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 or imprisoned not more than 60 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
