Village of Winneconne, WI Animals

It shall be unlawful for any person in the Village of Winneconne 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.

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 fee and obtain a license.

The minimum license fee under this section shall be:

Neutered males and spayed females: As determined by Village Board.

Unneutered males and unspayed females: As determined by Village Board.

Upon payment of the required license fee and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 215-2 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.

The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 215-2E.

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 law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license fee, and every person owning such a dog shall receive annually a free dog license from the Village Clerk/Treasurer upon application therefor.

Multiple dog licenses. No more than three dogs are allowed in any singular residence within the Village limits.

§ 215-4 Late fees.

The Village Clerk-Treasurer shall assess and collect a late fee as determined by Village Board from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or cat or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee. See § 215-23 for penalty fee.

§ 215-5 Rabies quarantine.

Area-wide rabies quarantines.

Area confinement order. If a district is quarantined for rabies, all dogs, cats or ferrets within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog, cat or ferret 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.

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.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice. A law enforcement or animal control officer shall order a dog, cat or ferret 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, cat or ferret cannot be captured or such animal exhibits actual signs of rabies, 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. No person shall interfere with Village authorities or agents in carrying out their duties in this regard. All expenses thus incurred shall be paid by the owner or the person having custody of such dog, cat or ferret.

Sacrifice of other animals.

An officer may order killed or may kill an animal other than a dog, cat or ferret if the officer has reason to believe that the animal bit a person or is infected with rabies.

Any domesticated wild animal that has bitten any person, inclusive of, but not limited to, wolf-dog hybrids, skunks and raccoons, shall be immediately destroyed by a licensed veterinarian and the proper specimen from the animal tested for rabies by the State Laboratory of Hygiene. All expenses connected therewith shall be charged to the owner or custodian of the animal.

Quarantine procedures.

Vaccinated animal bite incidents. Any dog, cat or ferret which has bitten any person and which shows evidence of a current rabies inoculation shall be quarantined at such place as designated by law enforcement or health authorities for a minimum period of 10 days. The dog, cat or ferret shall be examined by a licensed veterinarian within 24 hours of a quarantine notice and again on the 10th day after the bite. If, in the opinion of law enforcement or health authorities, the vaccinated animal cannot be confined securely at the residence of its owner or custodian, or exhibits signs of illness as determined by a licensed veterinarian, the dog, cat or ferret shall be quarantined at a veterinary hospital under the supervision of a licensed veterinarian.

Unvaccinated animal bite incidents. Any dog, cat or ferret which has bitten any person and which does not display evidence of rabies inoculation shall be quarantined within 24 hours of the quarantine order at a veterinary hospital under the supervision of a licensed veterinarian for a minimum of 10 days. "Supervision of a licensed veterinarian" includes, at a minimum, examination of the animal on the first day of isolation and on the last day of isolation. If the veterinarian certifies that the dog, cat or ferret has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period. After such period of time, such veterinarian shall report his/her determination or findings thereof, in writing.

Risk to animal health due to suspected exposure to a rabid animal.

If a dog, cat or ferret 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, cat or ferret 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.

If a dog, cat or ferret 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, cat or ferret 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.

No person shall keep or harbor any dog or other domesticated animal, whether licensed or not, which is known to be, or when there is good reason to believe the same to be, mad, rabid, vicious or dangerous to the public.

Destruction of an animal exhibiting symptoms of rabies. If a veterinarian determines that a dog, cat, ferret or other animal 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, cat, ferret or other animal is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 applicable health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

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.

State laws adopted by reference. The provisions of §§ 95.21 and 174.02(3), Wis. Stats., insofar as the same are applicable, are incorporated by reference and made a part of this section with the same force and effect as those set forth verbatim herein. Any amendments to those sections shall be adopted by reference as if they were fully set forth herein.

§ 215-6 Restrictions on keeping of dogs, cats, fowl and other animals; vicious animals.

Restrictions. It shall be unlawful for any person within the Village of Winneconne to own, harbor or keep any dog or cat which:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 215-12.)

Kills, wounds or worries any domestic animal.

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.

In the case of a dog, is unlicensed.

(8)

Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.

Vicious dogs and animals defined.

A "vicious dog or other animal" shall be defined as follows: Any dog or other animal shall be deemed and be presumed to be vicious if, at any time, it bites and inflicts a serious injury to any person or persons two or more times during the dog's or animal's life under unprovoked circumstances and while off the dog's or animal owner's, keeper's or caretaker's premises or property. If the dog or other animal inflicts serious injury in a manner other than biting, said dog or other animal shall also be deemed and presumed to be vicious under this section.

A "serious injury" shall be defined as any abrasions, bruising, cuts, broken bones, lacerations, internal injuries, torn or pulled ligaments or muscles, head injuries, or any other such similar condition.

No vicious dog or other animal as defined herein shall be allowed to be owned, kept, harbored, maintained, or cared for within the Village of Winneconne corporate limits by any person or legal entity.

Penalty for keeping vicious dogs or animals in violation of Subsection A.

Any person convicted of violating Subsection A above shall pay a forfeiture as determined by the Village Board together with all costs and assessments. The municipal court can order the animal removed from the Village. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection A or B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Winneconne.

In the event that any vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the Village of Winneconne within seven days of impoundment. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the Village of Winneconne within said seven-day period, any law enforcement officer or animal control officer for the Village of Winneconne shall be authorized to destroy said animal.

Potentially dangerous dog or other animal.

POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL

Definitions. As used in this section, the following terms shall have the meanings indicated:

The following:

Any dog or other animal, whether on or off the property of the owner, which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

Any dog or other animal which, when unprovoked, bites a person, causing a less severe injury than is defined in Subsection B(2) above.

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury to a domestic animal off the property of the owner or keeper of the dog.

Restrictions and rules regarding potentially dangerous dogs or animals.

If a law enforcement officer for the Village of Winneconne has investigated and determined that there exists probable cause to believe that a dog or other animal is potentially dangerous, as is defined herein, the Chief of Police shall petition the Municipal Court to determine if the dog or other animal in question, should be declared potentially dangerous. Whenever possible, any complaint received from a member of the public which serves as part of the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the aforementioned petition. Notice of the hearing before the Municipal Judge shall be given to the owner, caretaker or keeper of the dog or animal in question no less than seven days prior to said hearing, with said notice, together with a copy of the petition and all sworn complaints to be either served personally, or by certified mail with return receipt requested. All hearings under this section shall be open to the public.

The hearing body, which shall be the Municipal Judge for the Village of Winneconne, may admit all relevant documents and testimony into evidence, including incident reports and affidavits of witnesses, photographs, and personal testimony. The Municipal Judge for the Village of Winneconne shall be the exclusive trier of the issue of whether a dog or other animal is determined to be potentially dangerous. For the Municipal Judge of the Village of Winneconne to determine that a dog or other animal is potentially dangerous, there must be a preponderance of the evidence to establish the same.

Any owner, harborer, keeper, caretaker, or other interested party who is aggrieved by any decision of the Municipal Judge under this section shall have the right to appeal the same by filing an action for certiorari with the Circuit Court no more than 30 days from the date that said aggrieved person had received written notice of the Municipal Judge's decision on whether a dog or other animal is potentially dangerous.

(d)

After the hearing conducted pursuant to § 215-6D(2)(a), above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified, in writing, of the determination and orders issued, either personally or by certified first class mail, return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with § 215-6D(2)(h) and (i) in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the Village of Winneconne, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.

(e)

No dog or other animal may be declared potentially dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing, or assaulting the dog or other animal, or was committing or attempting to commit a crime. No dog or other animal may be declared potentially dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog or other animal may be declared potentially dangerous if an injury or damage was sustained by a domestic animal which, at the time of the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.

(f)

No dog or other animal may be declared potentially dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(g)

No dog or other animal may be declared potentially dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal, and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.

(h)

All potentially dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the Village of Winneconne shall include the potentially dangerous designation in the registration records of the dog after the Municipal Judge, after hearing, has determined the designation applies to the dog. The Village of Winneconne may charge a potentially dangerous dog fee in addition to the regular licensing fee as to provide for the increased cost of maintaining the records of the dog.

(i)

A potentially dangerous dog or other animal, while on the owner's property, shall at all times, be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and muzzled, and if it is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.

(j)

If a potentially dangerous dog or other animal dies, or is sold, transferred or permanently removed from the Village of Winneconne where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors, or caretakes a potentially dangerous dog or other animal shall notify the chief law enforcement officer for the Village of Winneconne or the animal control officer of the change in condition or new location of the potentially dangerous dog or other animal, in writing, within 48 hours of said dog or other animal's removal.

Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 215-6D(2) shall pay a forfeiture as determined by Village Board, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 215-6D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 215-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Winneconne, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Winneconne to enforce or effectuate the Village of Winneconne's ordinances, may impound any dog or other animal which is subject to § 215-6D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Winneconne limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Winneconne shall be authorized to destroy said animal.

Unleashed dogs or other animals running at large.

No owner, keeper, harborer or caretaker of any dog or other animal shall permit the same to be unleashed at any time said dog or other animal is not on the owner's, keeper's, harborer's, or caretaker's property or premises and which is upon any public street, alley, right-of-way or any school ground, public park, cemetery or other public or private property without the permission of the owner or occupier of the property.

A dog or other animal which is leashed or otherwise restrained by any device that is less than 10 feet in length, which is of sufficient strength to restrain and control said dog or other animal, and is held by a person competent to govern and control said animal, who has obtained the age of 10 years or more, and is able to prevent said dog or animal from annoying or worrying pedestrians or from trespassing on private or public property. Furthermore, a dog or other animal is not unleashed or uncontrolled and at large if it is properly restrained within a motor vehicle.

Any person or entity who violates this Subsection F shall be subject to a fee consistent with the total cost of impoundment under § 215-7.

Owner's liability for damage caused by dogs or other animals; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs and other animals together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

§ 215-7 Impoundment of animals.

Animal control agency.

The Village of Winneconne may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.

The Village of Winneconne does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

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.

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 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 for its release, after the officer or warden has taken such animal into his possession. If after 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 or impounding agency. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.

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.

§ 215-8 Duty of owner in case of animal bite.

Every owner or person harboring or keeping a dog, cat, ferret or other domesticated animal who knows that such dog, cat, ferret or other domesticated animal has bitten any person shall immediately report such fact to Village law enforcement officers and shall keep such dog, cat, ferret or other domesticated animal confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog, cat, ferret or other domesticated animal shall surrender the dog, cat, ferret or other domesticated animal to a law enforcement or humane officer upon demand for examination.

§ 215-9 Chickens; permits and regulations.

Chickens allowed. Within the Village limits of Winneconne, female chickens (hens) are allowed in single-family dwellings.

Roosters not allowed. Roosters are not allowed within the Village limits of Winneconne.

Maximum number of hens. The maximum number of hens for any sized lot is five.

No slaughtering. There will be no slaughtering of chickens within the Village limits of Winneconne.

Bird fighting. Fighting of hens and other fowl is not allowed within the Village of Winneconne as per § 951.08, Wis. Stats.

Chicken feed. All food must be kept in airtight containers that are out of reach for wild animals.

Chicken coops. Hens must be provided with a building structure that follows the following rules:

Hens must be provided a minimum of three square feet of floor space each.

A coop must have minimum dimensions of two feet long by two feet wide by four feet tall.

There must be at least one nesting box per one hen.

Coops must be insulated.

Coops must have vents to ensure proper ventilation.

There must be a minimum of one foot of window for each 10 feet of wall space.

The outside of the coop must match the main dwelling (house) in style and color.

(8)

Coops must be cleaned daily and the waste must be properly disposed of.

(9)

During the winter months:

Windows must be covered with plastic to minimize drafts.

Heating lamps may need to be provided to keep the coop at the proper temperature of no less than 65° F.

Water must not be frozen in the winter.

(10)

Coops must provide access to the chicken run.

(11)

Chickens shall not be allowed inside of a residence.

Chicken runs. The chickens must be provided with an outdoor fenced structure in which to run around.

Hens must be provided with at least six square feet of space each in the run.

The minimum dimensions are two feet wide by three feet long by three feet tall.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The fencing must have spacing of no more than one inch on all sides.

The top of the run must be covered with fencing with spacing of one inch or less.

The fencing should touch the ground if the run is mobile.

The fencing should be buried a foot under the ground if the run is not mobile or secured to the ground.

No chicken structure or fencing may be placed closer than 10 feet from any property line or closer than 20 feet from any neighboring dwelling.

(8)

During the winter months (November - March):

The run must be surrounded by heavy plastic on all sides.

The top of the run must be covered in heavy plastic.

General care requirements. Chickens must be properly cared for.

Food must be provided daily and must be proper for chickens in accordance with § 951.13(1), Wis. Stats.

Clean water must be provided at all times and changed daily in accordance with § 951.13(2), Wis. Stats.

Licenses and fees. To obtain a chicken license, the applicant must:

Obtain signatures from all adjoining property owners.

Show the desired location for the coop either on a Zoning Map or with photos at Village Hall.

Present the design for the desired coop at Village Hall.

Pay a licensing fee as determined by Village Board annually covering the calendar year. If paid after February 28, a late fee, as established by Village Board, will be assessed.

Penalties.

General complaints. This includes noise complaints, nuisance complaints and any others.

First offense. A warning will be given to the permit holder that if similar complaints continue, forfeiture will be assessed as well as the potential loss of a license.

Second offense. Forfeiture as established by Village Board will be assessed on the part of the permit holder.

Third offense. The license of the permit holder will be revoked for 12 months and forfeiture as established by Village Board would be assessed.

Animal cruelty violations. These consist of, but are not limited to, inadequate food or water, dirty coop, improper temperature conditions for the birds, sick or unhealthy birds, and improper size coop.

First offense. A warning will be given with the order to fix the problem within two weeks.

Second offense. The license of the permit holder will be revoked indefinitely and prosecution under Wisconsin State Law and a fine as determined by Village Board.

§ 215-10 Animal feces.

Removal of fecal matter. The owner or person in charge of any dog, cat, horse, potbellied pig, 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 legally blind or physically handicapped.

Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog, cat or other animal must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.

§ 215-11 Injury to property by animals.

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.

§ 215-12 Barking dogs or crying cats.

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, written complaints are filed with Village law enforcement officers within a four-week period.

§ 215-13 Prohibited and protected animals, fowl, reptiles and insects; farm animals.

Protected animals.

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), 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).

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).

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.

Exceptions. The provisions of Subsections A and C herein 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. However, such facilities shall comply with Village zoning requirements.

Snakes.

For purposes of this subsection, "poisonous" shall mean having the ability to cause serious harm or death by the transfer of venom or poison to a person or animal.

No person shall keep or possess any snake in the Village which is poisonous or in excess of 10 feet in length. This prohibition shall not apply to bona fide zoos, educational institutions or exhibitions keeping such snakes for display or for instructional or research purposes. Any person legally possessing any such animal in this capacity shall notify the Chief of Police, in writing, of the location and type of snake being kept and the purpose for such possession.

Exceptions; animal trials; wildlife rehabilitators. 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:

Their location conforms to the provisions of Chapter 580, Zoning.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 75 feet of the quarters in which the animals are kept.

The prohibitions in this section shall not apply to animals in the possession of a wildlife rehabilitator who is licensed by the State of Wisconsin, Department of Natural Resources, while such animal is being lawfully nurtured or rehabilitated for release in the wild. No animal may be kept under this exception for a period of more than 55 days. No animal may be kept under this exception that poses a danger to the community.

Farm animals; miniature pigs. Except on properties zoned in an agricultural classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, pigeons, fowl (more than five) or rabbits (more than four). For purposes of this 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.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Editor's Note: Original Sec. 7-1-15, Sale of Rabbits, Chicks or Artificially Colored Animals, of the 2012 compilation of ordinances, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 215-14 Providing proper care, food and drink to animals.

Care of dogs and domesticated animals. All dogs and domesticated animals shall be cared for, maintained and handled in a humane and sanitary manner and in such a way as to prevent noises, barking, fighting or howling or other disturbance of the peace and quiet of the neighborhood. No domestic animal shall be abandoned or turned loose by its owner or keeper. No animal shall be inhumanely confined in a manner which causes or is likely to cause pain, suffering, injury or death.

Food and water.

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 determined in this section.

The food shall be sufficient to maintain all animals in good health.

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.[1]

Editor's Note: Original Sec. 7-1-17of the 2012 compilation of ordinances, Providing Proper Shelter, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 215-15 Neglected or abandoned animals.

Neglected or abandoned animals.

No person may abandon any animal.

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.

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.[1]

Editor's Note: Original Sec. 7-1-18(a)(4)of the 2012 compilation of ordinances, regarding hopelessly injured or diseased animals, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Section 951.16, Investigation of Cruelty Complaints, and § 951.17, Wis. Seats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.

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.

§ 215-16 Cruelty to animals and birds prohibited.

Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his/her duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird nests or bird eggs.[1]

Editor's Note: The following subsections of original Sec. 7-1-19 of the 2012 compilation of ordinances, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Subsection (b), Leading Animal From Motor Vehicle; Subsection (c), Use of Poisonous and Controlled Substances; Subsection (d), Use of Certain Devices Prohibited; and Subsection (e), Shooting at Caged or Staked Animals.

§ 215-17 Limitation on number of dogs and cats.

Purpose. The keeping of a large number of dogs and cats within the Village of Winneconne 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.

Number limited. No person or family shall own, harbor or keep in its possession more than a total of three dogs and three cats in any residential unit 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.

§ 215-18 Trapping of animals.

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 Winneconne to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except as provided within § 409-1B(6).

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they relate to trapping.

Nothing in this section shall prohibit or hinder the Village of Winneconne or its employees or agents from performing their official duties.

§ 215-19 Keeping of bees.

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:

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.

If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.

Fresh, clean watering facilities for bees shall be provided on the said premises.

The bees and equipment shall be kept in accordance with the provisions of state law.

A conditional use permit shall first be obtained pursuant to the Chapter 580, Zoning.

§ 215-20 Feeding of deer and geese.

It shall be unlawful for anyone to place any type of feeder, above or on the ground, for the purpose of offering any feed such as salt, minerals, apples, corn, sunflower seeds, deer suckers, or any other type of feed for the purpose of enticing deer or wild geese into any specific area of anyone's property in the Village of Winneconne.

§ 215-21 Violations and penalties.

Any person violating § 215-15, 215-16, 215-17, 215-18, 215-19, 215-20, 215-21 or 215-22 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 the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Anyone who violates §§ 215-3, 215-4 and 215-5 of this Code or Chapter 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 fails to have a dog vaccinated against rabies as required in § 215-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.