[Amended 9-5-2017]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
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.
CAT
Any feline, regardless of age or sex.
DOG
Any canine, regardless of age or sex.
NEUTERED
As used herein describing a dog or cat shall mean a dog or
cat having nonfunctional generative 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 is presumed to
be harboring or keeping the dog or cat within the meaning of this
section.
The Village Clerk-Treasurer shall assess and collect a late
fee of $5 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.
[Amended 6-4-2018 by Ord.
No. 2018-01]
A. Prohibitions.
(1) No person shall own, harbor, keep, or maintain within the Village limits any dangerous animal, except as provided in Subsection
D below.
(2) No person may bring into or keep within the Village limits any animal
that is determined to be a prohibited dangerous animal under this
section.
(3) No person shall offer for sale, sell, give away, breed, buy, or attempt
to buy any dangerous animal within the Village except as permitted
under this section.
(4) No person shall own or harbor any animal for the purpose of animal
fighting, or train, torment, badger, bait, or use any animal for the
purpose of causing or encouraging said animal to attack human beings
or domestic animals when not provoked.
(5) The issuance of a citation under this section need not be predicated
on a determination that an animal is a dangerous or prohibited dangerous
animal.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DANGEROUS ANIMAL
(1)
Any animal which approaches or chases any human being or domestic
animal in a menacing fashion or apparent attitude of attack, without
provocation, on public or private property, and, after evaluation
by the Chief of Police or the Chief's designee, is determined
to pose a threat to public safety or welfare;
(2)
Any animal which bites, inflicts injury, attacks or otherwise
endangers the safety of human beings or domestic animals, without
provocation, on public or private property, and, after evaluation
by the Chief of Police or the Chief's designee, is determined
to pose a threat to public safety or welfare; or
(3)
Any animal owned, harbored or trained primarily or in part for
the purpose of fighting.
PROHIBITED DANGEROUS ANIMAL
(1)
Any animal that, while off the owner's or caretaker's
property, has killed a domesticated animal without provocation;
(2)
Any animal that, without provocation, inflicts serious bodily
harm on a person on public or private property;
(3)
Any animal brought from another city, village, town or county
that has been declared dangerous or vicious or its equivalent by that
jurisdiction;
(4)
Any dangerous animal that is not in compliance with any of the
provisions of Subsection D;
(5)
Any animal declared dangerous under this section that subsequently
has a second or more reported unprovoked incidents in which the animal
has bitten, inflicted injury, attacked or otherwise unreasonably endangered
with aggressive or threatening behavior the safety of a human being
or pet animal on public or private property;
(6)
Any dog that is subject to being destroyed under Wis. Stats.
§ 174.02(3); or
(7)
Any animal owned, harbored or trained primarily or in part for
the purpose of fighting.
C. Procedure for declaring a dangerous animal.
(1) The Chief of Police or the Chief's designee, upon conducting an investigation, may issue an order declaring an animal to be a dangerous animal whenever he/she finds that an animal meets the definition of a "dangerous animal" in Subsection
B. An owner or caretaker wishing to contest an order under this section shall proceed as provided in Subsection
F.
(2) Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with the signage, leashing, muzzling and confinement requirements of Subsection
D(3) and
D(5) through
(7). The owner or caretaker shall comply with the requirements of Subsection
D(6)(b) within five days of the order and with all other requirements in Subsection
D being satisfied within 30 days of the order.
(3) Upon written request by the owner or caretaker, the Chief of Police or the Chief's designee may waive any requirement specified in Subsection
D that he/she deems it to be inappropriate for a particular dangerous animal.
D. Restrictions. The owner or caretaker of any animal determined by
the Chief of Police or the Chief's designee to be a dangerous
animal shall comply with all of the following conditions:
(1) Registration. The owner or caretaker of any dangerous animal shall
register it with the Village Clerk within 30 days of the order and,
thereafter, before January 1 of each year, by providing a current
color photograph of the animal and payment of a registration fee as
from time to time set by the Village Board in the fee schedule. Upon
payment of the fee and satisfactory proof of compliance with the provisions
and conditions of this section the owner shall be issued a dangerous
animal certificate of registration. The owner or caretaker shall post
the certificate of registration on the front door of the residence
where the dangerous animal is being kept.
(a)
The owner or caretaker of any dangerous animal shall also provide proof of current license and rabies certificate as required under §§
202-2 and
202-3, respectively, at the time of registration and each year thereafter.
(2) Liability insurance. At the time of registration, the owner or caretaker
of any dangerous animal shall provide proof of liability insurance
in the amount of at least $250,000 for any acts of property damage
or liability incurred by virtue of personal injury inflicted by such
animal. Such insurance shall name the Village as coinsured solely
for the purpose of notice of cancellation of the policy.
(3) Display of sign. The owner or caretaker of any dangerous animal shall
display signs on his or her premises facing out from all sides of
the premises warning that there is a dangerous animal on the property.
This sign shall be visible and capable of being read from a public
highway or thoroughfare or within 20 feet of its placement. In addition,
the sign shall include a pictorial symbol warning children of the
presence of a dangerous animal.
(4) Identification. The owner or caretaker of the dangerous animal shall
provide written proof from a licensed veterinarian or humane society
of a device which can be later detected to aid in the proper identification
of the animal. The device must be numbered, and the number must be
provided to the Chief of Police or the Chief's designee.
(5) Collar. A leather collar shall be worn by the animal at all times,
except when being groomed.
(6) Duty to keep animal under restraint while on owner's or caretaker's property. While on the owner's or caretaker's property, a dangerous animal must be securely and humanely confined indoors or when outdoors, kept in a secure enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping or as set forth in Subsection
D(7).
(a)
Indoor confinement. No dangerous animal may be kept on a porch,
patio or in any part of a house or structure on the premises of the
owner or caretaker that would allow the animal to exit the premises
of its own volition. No dangerous animal may be kept in a house or
structure when the windows are open or when screen windows or screen
doors are the only obstacles preventing the animal from exiting the
structure.
(b)
Outdoor confinement. All owners or caretakers of a dangerous
animal must maintain on the property a pen or kennel as provided in
this subsection. The pen or kennel shall be childproof from the outside
and animalproof from the inside. A strong metal double fence with
adequate space between fences (at least two feet) shall be provided
so that a child cannot reach into the animal enclosure. Such pen or
structure must have secure sides and a secure top attached to all
sides. The pen or structure shall be locked with a key or combination
lock when the animal is within the structure. If it has no bottom
secured to the sides, the sides must be imbedded into the ground no
less than two feet. The enclosure must also provide protection from
the elements for the animal. All structures erected to house dangerous
animals shall comply with all Village building and zoning regulations
and be adequately lighted and ventilated and kept in a clean and sanitary
condition.
(7) Duty to keep animal under restraint when off property. No owner or
caretaker may permit a dangerous animal to go outside its dwelling,
kennel or pen unless the animal is muzzled and restrained by a leather
collar with harness and leather lead not exceeding four feet in length
and is under control of an adult, able-bodied person competent to
govern the animal and physically capable of controlling and restraining
the animal. The animal may not be leashed to inanimate objects such
as trees, posts and buildings. The animal shall be muzzled in a humane
way by a muzzling device sufficient to prevent the animal from biting
persons or other animals.
(8) Spay and neuter requirement. The owner or caretaker shall provide
written proof from a licensed veterinarian that the animal has been
spayed or neutered.
E. Procedure for declaring a prohibited dangerous animal.
(1) The Chief of Police or the Chief's designee, upon conducting an investigation, may issue an order declaring an animal to be a prohibited dangerous animal and order the animal to have a microchip or other device inserted for identification purposes whenever he/she finds that an animal meets the definition of "prohibited dangerous animal" in Subsection
B. The cost of a microchip or other device shall be at the expense of the owner or caretaker. An owner or caretaker wishing to contest an order under this section shall proceed as provided in Subsection
F.
(2) Upon issuance of an order declaring an animal to be a prohibited
dangerous animal, the owner or caretaker shall remove the animal from
the Village within five days after the date of the order.
(3) No owner or caretaker of a prohibited dangerous animal may sell or
in any way transfer possession of the animal to any other person within
the Village.
(4) Any animal declared to be a prohibited dangerous animal that is not
removed from the Village within five days of it being declared a prohibited
dangerous animal may be seized by the Village pursuant to Wis. Stats.
§ 173.13(1).
(5) The owner or caretaker shall provide the Chief of Police or the Chief's
designee, within five days of the animal being declared a prohibited
dangerous animal, the name, address and telephone number of the person
that will be in possession of the prohibited dangerous animal or a
certification from a licensed veterinarian or local humane society
that the prohibited dangerous animal was humanely euthanized. The
owner or caretaker shall also present evidence to the Police Department
showing that he or she has notified the Police Department or other
law enforcement agency of the animal's new residence, including
the name, address and telephone number of the new owner and advised
that the animal is a prohibited dangerous animal.
F. Appeal process for dangerous and prohibited dangerous animal.
(1) Whenever an owner or caretaker wishes to contest an order of the Chief of Police or the Chief's designee to declare an animal dangerous under Subsection
C or prohibited dangerous under Subsection
E, he or she shall, within five days after receipt of the order, deliver to the Village Clerk, a written objection to the order, addressed to the Police, Fire, Health and Safety Committee, stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Police, Fire, Health and Safety Committee to be reviewed at the next regular meeting, unless the appeal is filed within four days of the next meeting, in which case it shall be heard at the following meeting or at the discretion of the chair of the Police, Fire, Health and Safety Committee at a specially scheduled meeting. The Police, Fire, Health and Safety Committee shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared dangerous or prohibited dangerous. The Village elects not to be bound by Ch. 68, Wis. Stats., with respect to administrative procedure in this regard.
(2) After the hearing, the owner or caretaker shall be notified of the
Police, Fire, Health and Safety Committee's determination.
(3) If the owner or caretaker wishes to further contest the determination,
he or she may, within five days of receiving the Police, Fire, Health
and Safety Committee's decision, seek a review of the decision
by the circuit court.
G. Notification.
(1) The owner or caretaker of a dangerous animal shall notify the Police
Department immediately if a dangerous animal is at large.
(2) The owner or caretaker of a dangerous animal shall notify the Police
Department within 24 hours if the dangerous animal has bitten or inflicted
injury upon another animal or human being or has died.
(3) No owner or caretaker may sell or transfer possession of a dangerous
animal to another person without first notifying the person to whom
the dangerous animal is being sold or transferred of the fact that
such animal is a dangerous animal. The owner or caretaker shall also
provide the Police Department with the name, address and telephone
number of the new owner of the dangerous animal. If the dangerous
animal is sold or transferred to a person outside the Village, the
owner or caretaker shall present evidence to the Police Department
showing that he or she has notified the Police Department or other
law enforcement agency of the animal's new residence, including
the name, address and telephone number of the new owner and advised
that the animal is a dangerous animal.
(4) The owner or caretaker shall update the Village Clerk and the Police
Department within five days upon moving the dangerous animal to another
location.
H. Impoundment.
(1) Pending any investigation as to whether an animal is a dangerous or prohibited dangerous animal or pending a hearing on an appeal under Subsection
F of either determination, the animal must be securely confined in a humane manner either on the premises of the owner or caretaker, with a licensed veterinarian or other appropriate facility such as the local humane society. The owner or caretaker of any animal impounded on the premises of the owner or caretaker must comply with the restrictions set forth in Subsection
D(3),
(5) through
(7). The Chief of Police or the Chief's designee may order impoundment of the animal pending his/her investigation and through any appeal hearing under Subsection
F, pursuant to Wis. Stats. § 173.13(1). If an animal is determined to be dangerous, it may remain impounded until the owner or caretaker has complied with all restrictions set forth in Subsection
D or until such time as the Chief of Police or the Chief's designee determines the animal may be safely returned to its owner or caretaker and upon payment of all costs and expenses under Subsection
H(2). If an animal is determined to be a prohibited dangerous animal, it may remain impounded until the owner or caretaker provides the Police Department adequate assurances that the animal will be removed from the Village as provided in Subsection
E(2), insertion of a microchip or other device for identification purposes, and upon payment of all costs and expenses under Subsection
H(2). Any animal that has been impounded and remains unclaimed by its owner or caretaker for more than seven days after written notice by certified mail has been sent to the owner or caretaker to his/her last known address advising that a determination has been made that the animal may be returned to the owner or caretaker upon compliance with the requirements of this subsection may be humanely euthanized pursuant to Wis. Stats. § 173.23. Any owner or caretaker aggrieved by the impoundment order of the Chief of Police or the Chief's designee may appeal such decision in the same manner and under the same procedures as set forth in Subsection
F.
(2) The owner or caretaker of the animal shall be liable to the Village
for the costs and expenses of impounding an animal unless the Chief
of Police or the Chief's designee fails to declare the animal
dangerous or prohibited dangerous or the determination is ultimately
overturned by the Police, Fire, Health and Safety Committee or a reviewing
court.
(3) The owner or caretaker of an animal confined on the premises under Subsection
H(1) shall immediately notify the Police Department if the animal is loose or unconfined; has attacked, bitten or injured another animal; has attacked, bitten or injured a human being; or has died. The animal shall not be sold or given away during the confinement or impoundment period.
(4) The Chief of Police or the Chief's designee shall make a reasonable
attempt to promptly notify the owner or caretaker, in writing, of
any impoundment under this subsection if he or she can be identified
and located with reasonable effort. Mailing written notice to the
owner's or caretaker's last known address shall satisfy
this requirement.
I. Destruction. Any dog that has caused serious injury to a person or
a domestic animal on two separate occasions off the owner's premises,
without reasonable cause, may be destroyed as a result of a judgment
rendered by a court of competent jurisdiction as specified under Wis.
Stats. § 174.02(3). The Village attorney may petition an
appropriate court to obtain a court order to destroy such a dog.
J. Duration of dangerous animal status.
(1) The Chief of Police or the Chief's designee may remove the declaration
of dangerous animal upon petition by the owner or caretaker of an
animal upon a finding of all of the following:
(a)
The owner or caretaker demonstrates that changes in circumstances
or measures taken by the owner or caretaker have mitigated the risk
to public safety;
(b)
The owner or caretaker demonstrates there have been no additional reported instances of the behavior set forth in Subsection
B within a thirty-six-month period from the date of the order declaring the animal dangerous;
(c)
The owner or caretaker provides documentation from an accredited
dog training specialist of attending and passing either an animal
socialization program offered through the Association of Pet Dog Trainers
or the American Kennel Club Canine Good Citizen Program; and
(d)
The Chief of Police or the Chief's designee concludes from
all of the evidence presented the animal no longer presents a risk
to public safety.
K. Penalties for violations.
(1) An owner or caretaker of a dangerous animal who fails to comply with the provisions of Subsection
D is subject to a forfeiture of not less than $100 nor more than $250 per day.
(2) An owner or caretaker of a dangerous animal who violates Subsection
A(1),
(3) or
(4) is subject to the forfeiture provided for in the cash deposit schedule established under §
1-4.
(3) An owner or caretaker of a prohibited dangerous animal who violates Subsection
A(2) is subject to a forfeiture of not less than $250 nor more than $500 per day.
(4) An owner or caretaker of a dangerous or prohibited dangerous animal
who violates any other provision of this section is subject to a forfeiture
of not less than $25 nor more than $250 per day.
L. 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.
M. Exemptions. The provisions of this section regarding dangerous animals
shall not apply to animals owned by law enforcement agencies and used
for law enforcement purposes.
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 Chief of Police and shall keep such dog or
cat confined for not less than 14 days or for such period of time
as the Village President shall direct. The owner or keeper of any
such dog or cat shall surrender the dog or cat to a law enforcement,
animal control or humane officer upon demand for examination.
The owner or person in charge of any dog or other animal shall
not permit solid fecal matter of such animal to deposit on any street,
alley or other public or private property, unless such matter is immediately
removed therefrom by said owner or person in charge. This section
shall not apply to a person who is visually or physically handicapped.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises, and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. A dog or cat is
considered to be in violation of this section when two formal, written
complaints are filed with the Village Board or Chief of Police within
a four-week period.
No person except a police officer or health or humane officer
in the pursuit of his duties shall within the Village shoot or kill
or commit an act of cruelty to any animal or bird or disturb any bird's
nests or bird's eggs.
All structures, pens, buildings, stables, coops or yards wherein
animals or fowl are kept shall be maintained in a clean and sanitary
condition, free of rodents, vermin and objectionable odors.
No person shall take or permit to remain any dog, cat or other
live animal on or upon any premises where food is sold, offered for
sale or processed for consumption by the general public. Animals trained
to assist handicapped persons shall be exempt from the provisions
of this section.
[Added 9-4-2018 by Ord.
No. 2018-03]
A. Permit required. No person shall keep chickens or establish or maintain
any henhouse upon any premises in the Village without obtaining a
valid permit issued by the Village Clerk.
(1) A permit shall be valid for a period of one year from July 1 through
June 30 and may be renewed annually.
(2) The permit process requires submission of a completed application
accompanied with a fee as provided in the Village's Fee Schedule
and shall include proof of registration with the Wisconsin Department
of Agriculture, Trade and Consumer Protection in accordance with Wis.
Stats. § 95.51.
(3) A late fee of two times the application fee along with the application
fee shall be collected from every owner or keeper of chickens if the
owner or keeper fails to obtain a license prior to July 1 of each
year or fails to obtain a license prior to acquiring the chickens.
(4) Prior to issuance of a permit, the applicant shall submit to an inspection and demonstrate that all requirements of Subsection
B are met.
(5) The holder of a valid permit may keep chickens in accordance with this section notwithstanding any other prohibitions in §
202-12E.
B. Standards. A permit authorizes the keeping of chickens on a premises,
provided the following requirements are met:
(1) No more than 12 hens or pullets are allowed on a premises.
(3) Chickens may only be kept on a lot zoned governmental. A permit shall
be issued only to the primary owner(s) of record. The property owner(s)
shall reside on the premises regulated by the permit.
(4) No slaughter of chickens may occur on the premises or within the
Village other than at a licensed meat processing facility.
(5) Chickens may only be kept in a chicken coop or an attached and contiguous
run. Between sunrise and sunset, chickens may be allowed outside of
the coop into the run. Chickens must be secured within the coop between
sunset and sunrise.
(6) The chicken coop or run shall only be located within the rear yard
of the premises. A chicken coop and run must be located no closer
than 10 feet to any property line and no closer than 25 feet to any
principal residential structure on an adjacent lot.
(7) Chicken coops and attached and contiguous runs shall be large enough
to provide at least three square feet per chicken and cannot exceed
a maximum of 24 square feet in size.
(8) Chicken coops and runs shall be constructed in a workmanlike manner,
be moisture-resistant and either raised up off the ground or placed
on a hard surface such as concrete, patio block or gravel. Chicken
coops and runs must be secure and impermeable to rodents, wild birds
and predators, including dogs and cats, and must be constructed or
modified in a fashion to provide a humane environment for the chickens,
include adequate ventilation, adequate sun, adequate shade and adequate
protection from adverse weather.
(9) Commercial activity related to the keeping of chickens is prohibited,
including fertilizer production and the sale of eggs.
(10)
All food supplies maintained for the chickens must be kept in
a secure and rodentproof container.
(11)
All waste generated by the chickens, operation of the coop and
run shall be disposed of in a sanitary manner or composted according
to best practices.
(12)
The care and handling of chickens shall comply with other provisions of Chapter
202 of this Code, including but not limited to §
202-14, Cruelty to animals and birds prohibited.
C. Permit revocation. A permit shall be subject to revocation upon failure
to comply with any provisions of this section. Once a permit is revoked,
a permit shall not be reissued.