[HISTORY: Adopted by the Village Board of the Village of Fairwater at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 349.
Zoning — See Ch. 485.
In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
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.
BITE
A puncture or tear of the skin inflicted by the teeth of an animal consistent with the closing of the teeth upon the victim.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine, regardless of age or sex.
EXOTIC/WILD ANIMAL
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.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
NEUTERED
A dog or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.
PET
An animal kept and treated as a pet.
RESTRAIN
Includes notifying the dog's or cat's owner or an officer and requesting either the owner or officer to capture and restrain the dog or cat, or capturing and restraining the dog or cat, and killing the dog or cat if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept on the dog or cat whenever the dog or cat is outdoors unless the dog or cat is securely confined in a fenced area.
A. 
Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian at no later than five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the Village of Fairwater after the dog or cat has reached five months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the Village unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
B. 
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control and Prevention 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 or cat is revaccinated, whichever occurs first.
D. 
Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
E. 
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition or training or to a dog while hunting. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog or cat which is not required to be vaccinated under Subsection A.
F. 
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
G. 
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
A. 
Dog and cat licenses.
(1) 
It shall be unlawful for any person in the Village of Fairwater to own, harbor or keep any dog or cat 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 or cat 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 or cat becomes five months of age, pay a license tax and obtain a license.
(3) 
The minimum license tax under this section shall be as set by the Village Board.
(4) 
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 187-2 of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state or local 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 or cat for which the license is issued at all times, except as provided in § 187-2E.
(6) 
The fact that a dog or cat is without a tag attached to the dog or cat by means of a collar shall be presumptive evidence that the dog or cat is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog or cat for which a dog or cat 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 or cat 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 or cats 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 or cats authorized to be kept in the kennel. Kennels may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under Chapter 485, Zoning, of the Code of the Village of Fairwater; kennels may be inspected at any time for compliance with this chapter.
(2) 
The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog or cat over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. These tags may be transferred from one dog or cat to another within the kennel whenever any dog or cat is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog or cat for which it is issued at all times, but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. No dog or cat bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog or cat 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 or cats 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 or cats in said kennel or who neglects or abandons said dogs or cats. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon their 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.
(5) 
A condition of a kennel license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any kennel be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.
The Village Treasurer shall assess and collect a late fee as set by the Village Board from every owner of a dog or cat five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or cat, or if the owner failed to obtain a license on or before the dog or cat reached licensable age. Said late fee shall be charged in addition to the required license fee.
A. 
Dogs and cats confined. If the Village 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 or animal warden 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 or animal warden 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. If the dog or cat has not had a rabies vaccination, the dog or cat may only be confined at an isolation facility maintained by a veterinarian. 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) 
Destruction 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 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 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 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 Fairwater 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.
(4) 
Habitually barks or howls to the annoyance of any person or persons. (See § 187-12.)
(5) 
Kills, wounds or worries any domestic animal.
(6) 
Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
(7) 
In the case of a dog or cat, is unlicensed.
(8) 
Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.
B. 
Animals running at large.
(1) 
No person having in his/her 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 or animal warden.
(2) 
A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it when the animal is off of the owner's premises.
C. 
Animals restricted on public grounds. No dogs or cats shall be permitted in any public playground, swimming area, volleyball area, bleacher area, rest rooms, ball diamond and on nature trails. A dog or cat will be allowed in the Village parks in all other areas if on a leash and under control. All persons will be required to clean up after their dogs and/or cats. The only exception to the above would be trained service animals.
D. 
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.
E. 
Cats. Cats are allowed outdoors only if confined or on a leash attached to a harness/collar.
F. 
Nuisance cats prohibited. Owners of a cat that is a nuisance, such as tearing open garbage bags, crawling on vehicles, entering garages or buildings, using sandboxes for a litter box, or any other conduct that is a nuisance or disturbance to another Village residence, shall restrain the cat from future behavior that constitutes a nuisance.
G. 
Businesses requesting cats for rodent control. Businesses are allowed no more than two cats loose on their premises. The cats must be spayed or neutered and licensed.
A. 
Animal control agency.
(1) 
The Village of Fairwater 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 Fairwater 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, a law enforcement or animal control 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 section or have in his/her 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. 
A daily fee will be charged for impoundment at the Village kennel. The amount of the fee will be determined by the Village Board.
D. 
Impounding of unlicensed cats. As an alternative to the provisions of Subsection B above, any unlicensed cat picked up by Village officers shall be impounded at a local animal shelter. A notice of the impounded cat will be placed at the post office and any other location deemed prudent by the Police Department. If not claimed, the animal will be disposed of as guided by state statute.
E. 
Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the United States mail, if such owner is known to the officer or can be ascertained with reasonable effort, 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, stating where it is impounded and the conditions for its release, after the officer or warden 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 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 or impounding agency. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.
F. 
Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.
G. 
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.
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 Village Police Department and shall keep such dog or cat confined for not less than 10 days or for such period of time as directed. 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.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OWNER
Any person, firm, corporation, organization or department possessing, harboring or having the care or custody, whether temporarily or permanently, of a dog or any person who licensed the dog through the Village of Fairwater with Fond du Lac County.
VICIOUS DOG
Any dog with a propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals; or any dog which, without provocation, attacks or bites, or has attacked or bitten a human being or domestic animal; or any dog owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting.
B. 
Vicious dogs prohibited. No person shall harbor, keep or maintain within the Village limits of the Village of Fairwater any vicious dog. Any dog alleged to be vicious by virtue of biting/attacking a human being or domestic animal shall be impounded by the Village of Fairwater Police Department, or removed from the Village, until disposition of the citation issued. Moreover, the owner of any dog found to be vicious in the trial of the charge of harboring a vicious dog, or by plea to such a charge, shall be prohibited from returning that dog to the Village of Fairwater.
C. 
Determination of vicious dog.
(1) 
Determination. The Police Department shall investigate every dog complaint and make a determination as to whether or not a dog is "vicious" as defined in Subsection A of this section. In the event the Department makes a determination that a dog is vicious, it shall inform the owner or keeper of such dog and provide such person with a copy of this section.
(2) 
Appeal. Any person aggrieved by the determination of the Police Department may appeal such determination to the Village Board. Notice of the intent to appeal shall be filed within 10 days of the notice of determination. Failure to file such notice shall act as an acceptance of said determination.
(3) 
Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection C(1) above, or 10 days after an unsuccessful appeal under Subsection C(2) above, the owner of a vicious dog shall comply with all provisions of this section and dispose of such dog or remove it from the Village.
D. 
Disposition of vicious dogs. Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a peace officer or humane officer upon an order issued by a court pursuant to § 174.02(3), Wis. Stats.
E. 
Return of vicious dogs prohibited. No person shall return to or harbor within the Village limits of the Village of Fairwater a dog previously determined by the Fond du Lac County Circuit Court to be a vicious dog. The disposition of such a dog shall be in accordance with this section.
F. 
Exception. No dog shall be declared to be a vicious dog if the injury or damage was sustained by a person who, at the time, was teasing, tormenting, abusing or assaulting the dog, or which dog was protecting its owner from attack by a human being. No dog shall be declared to be a vicious dog if the proof of viciousness concerns an incident where a person was teasing, tormenting, abusing or assaulting the dog, or which dog was protecting its owner from attack by a human being.
G. 
Apprehension and impoundment.
(1) 
It shall be the duty of such persons as from time to time may be designated by resolution of the Village Board to apprehend any unlicensed dogs. The Village of Fairwater Police Department shall, whenever possible, see that such dogs are transferred to a designated kennel at the earliest possible date where the dogs may be taken care of and reclaimed by the owner under the rules and regulations of said kennel. When the Village impounds the dog before being transferred to a kennel, the owner reclaiming the dog shall be required to pay a fee set by the Village of Fairwater.
(2) 
It shall be the duty of the Village of Fairwater Police Department and such other persons as from time to time may be designated by resolution of the Village Board to apprehend any vicious dogs running at large. Any vicious dog found running at large shall be impounded. A police officer may shoot a dog if the dog attacks the officer or approaches the officer in a menacing fashion so that the officer believes that the dog is about to attack him or her.
(3) 
In any event, when a dog is impounded, the impounding authority shall give notice to the owner of the impoundment and advise the owner whether and under what circumstances the dog may be redeemed. The owner of any animal impounded, confined or destroyed pursuant to the terms of this section shall be responsible for all costs of such confinement, impoundment or destruction.
H. 
Removal of dog pending litigation. Whenever any person is charged with harboring a vicious dog, as defined in this section, that person shall, to the satisfaction of the court, remove said dog from the Village of Fairwater until the trial of the citation. If the owner fails to remove the dog within 48 hours of the service of the citation, the Village of Fairwater Police Department shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog as provided by this section, it shall not be returned to the Village of Fairwater. Any dog returned to the Village of Fairwater after being determined to be a vicious dog constitutes a public nuisance as pursuant to § 349-2A of this Code.
I. 
License required. All dogs shall be licensed as provided in § 187-3 of this chapter.
J. 
Violations. Every day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care, and expert testimony fees, necessitated by enforcement of this section.
A. 
Removal of fecal matter. The owner or person in charge of any dog, cat, horse, 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. A person walking a dog off the owner's property must have on his/her person a bag for collection of feces.
B. 
Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.
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. The owner of a dog or cat is considered to be in violation of this section when two formal complaints are filed with the Police Department.
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 rufus), vicuna (Vicugna vicugna), gray or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), 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/her possession or under his/her 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/her 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.
(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) 
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) 
Pumas (Felis concolor); also known as cougars, mountain lions and panthers.
(22) 
Rhinoceroses (Rhinocero tidae).
(23) 
Sharks (class Chondrichthyes).
(24) 
Snow leopards (Panthera uncia).
(25) 
Tigers (Panthera tigris).
(26) 
Wolves (Canis lupus).
(27) 
Poisonous insects.
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:
(1) 
Their location conforms to the provisions of Chapter 485, Zoning.
(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; miniature pigs. Except as provided in § 187-22 regarding miniature pigs and on properties zoned R-1, RR-1 or C-1 where a conditional use has been issued, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, fowl or rabbits (more than four). For purposes of the subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets.
A. 
No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.
B. 
Sale
(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:
(1) 
Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
(2) 
Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
C. 
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1) 
Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this subsection, "caged" does not include farm fencing used to confine farm animals.
(2) 
Shelter from inclement weather.
(a) 
Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.
(b) 
Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.
D. 
Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(1) 
Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
(2) 
Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.
E. 
Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
A. 
Neglected or abandoned animals.
(1) 
No person may abandon any animal.
(2) 
Any law enforcement or animal control officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.
(3) 
If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within 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, Wis. Stats., Investigation of cruelty complaints, and § 173.24, Wis. Stats., Reimbursement for expenses, 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 the owner of such animal cannot be located, the Village or any animal control agency with which the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.
A. 
Acts of cruelty prohibited. No person, except a law enforcement or animal control 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 birds' nests or birds' 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. 
Purpose. The keeping of a large number of dogs and cats within the Village of Fairwater for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.
B. 
Number limited.
(1) 
No person or family shall own, harbor or keep in its possession more than a total of three dogs or three cats, or a total of five dogs and cats, in any residential unit without the prior issuance of a kennel license by the Village Board, except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.
(2) 
The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 187-3B. Such application for waiver shall first be made to the Village Clerk.
A. 
In the interest of public health and safety, it shall be unlawful for any person in or on Village-owned land within the Village of Fairwater 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 Chapter 29 of the Wisconsin Statutes as it relates to trapping.
D. 
Nothing in this section shall prohibit or hinder the Village of Fairwater or its employees or agents from performing their official duties.
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:
A. 
No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. Such hives, stands or boxes may only be located in the rear yard.
B. 
Fresh, clean watering facilities for bees shall be provided on said premises.
C. 
The bees and equipment shall be kept in accordance with the provisions of state law.
D. 
A conditional use permit shall first be obtained pursuant to Chapter 485, Zoning.
A. 
Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
VIETNAMESE POTBELLIED PIG
A purebred Vietnamese potbellied pig registered through a North American Vietnamese potbellied pig registry, which does not exceed 100 pounds in weight.
B. 
License required; fee. It is unlawful for any person, party, firm or corporation to keep or maintain within the Village of Fairwater limits a Vietnamese potbellied pig without first having obtained a license from the Village Clerk and being in compliance with all provisions of this section. The fee for a license issued hereunder or renewal thereof shall be as set by the Village Board. Excepted from the license requirement is any law enforcement agency or agency under contract with the Village to care for stray or unwanted animals.
C. 
License application.
(1) 
Any applicant for a license or renewal thereof under this section shall file with the Village Clerk a fully executed application on a form prescribed by the Village Clerk, accompanied by the annual license fee.
(2) 
No licenses or renewal thereof shall issue hereunder until:
(a) 
A certificate of purebred registration is filed with the Village Clerk.
(b) 
There has been an inspection by a Village law enforcement officer or the Building Inspector of the premises being licensed and a determination by said officer or inspector that all requirements of this section, and other applicable general and zoning ordinances, have been met.
(c) 
There is an adequate means of restraining animals from running at large or disturbing the peace.
(3) 
Any license or renewal thereof issued hereunder shall be for a calendar year or portion thereof. Licenses must be renewed each calendar year on or before the 31st day of January. Licenses shall not be assignable or transferable either to another person, party, firm or corporation or for another location.
(4) 
When issued, a license shall be kept upon the licensed premises and exhibited, upon request, to any Village personnel requesting to examine it and having authority to enforce this section.
(5) 
Only one Vietnamese potbellied pig may be at any premises.
D. 
License requirements. Licensee shall comply with the following as a condition of obtaining and maintaining a license:
(1) 
Animal feces to be collected on a daily basis and stored in a sanitary receptacle. Animals shall not be brought, or permitted to be, on property, public or private, not owned or possessed by the owner or person in charge of the animal, unless such person has in his/her immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.
(2) 
When sunlight is likely to cause overheating to discomfort, sufficient shade shall be provided to allow an animal kept outdoors to protect itself from the direct rays of the sun.
(3) 
An animal kept outdoors shall be provided with access to shelter to allow it to remain dry during rain or snow. Animals may be kept outdoors only if contained in a fenced enclosure sufficient for purposes of restraint.
(4) 
When the atmospheric temperature is less than 50° F., an animal shall be kept indoors at a temperature no less than 50° F., except for temporary ventures which do not endanger the animal's health.
(5) 
An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem.
(6) 
Animals shall be fed and watered at least once a day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to the animal and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be cleaned daily. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food and they shall be sanitized as needed, but at least once per week, to prevent molding, deterioration or caking of feed.
(7) 
Animals may not be permitted to exceed 100 pounds in weight.
(8) 
Animals shall be examined by a veterinarian within a period of 60 days prior to a new license application being filed. The animal may be licensed only upon a written statement from a veterinarian as to:
(a) 
The animal's weight.
(b) 
The animal has received all recommended vaccinations and boosters.
(c) 
The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.
(d) 
The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.
(e) 
The animal has passed a pseudorabies test administered in accordance with application state regulations.
(9) 
The animal shall not be permitted to run at large. "Run at large" shall mean the presence of an animal which is not on a leash of six feet or less on any public property or thoroughfare or on any private property. An animal may be unleashed on private property, with the permission of the property owner, in a fenced enclosure sufficient for purposes of restraint. Animals which are not leashed in a motor vehicle shall not be deemed to run at large if secured in a manner as will prevent their escape therefrom.
(10) 
Animals shall not be kept in a manner as to disturb the peace of the neighborhood or of persons passing to and from upon the streets.
E. 
Suspension, revocation or denial of renewal of license. The Chief of Police shall have the right to suspend or revoke any license once granted or deny annual renewal thereof when it appears that any licensee has violated any of the provisions of this section, or any ordinance of the Village, or law, rule or regulation of the State of Wisconsin, involving cruelty or mistreatment of the animal, or the unlawful possession of the animal. Prior to the suspension or revocation of any license or the denial of an application for a renewal thereof, written notice of the reason for such action shall be given to the applicant or licensee by the officer. Such notice shall state that the applicant may pursue an appeal to the Village Board by filing a request within 10 days of such notice.
A. 
Any person violating §§ 187-16, 187-17, 187-18, 187-19, 187-20, 187-21 or 187-22 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 a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B. 
Anyone who violates §§ 187-1, 187-2, 187-3, 187-4 and 187-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who refuses to comply with an order issued under § 187-5 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.
C. 
Any person who violates §§ 187-6 through 187-15 of this chapter shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations.
D. 
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.