Village of Mount Pleasant, WI Animals

Any animal that, when unprovoked, attacks, bites or injures a human being, pet, companion animal or livestock on either public or private property; or

Any animal that has a history, known to the owner thereof, of attacking, without provocation; or

Any animal trained or used for fighting against another animal; or

Any animal brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.

Notwithstanding this definition of the term "vicious animal," no animal may be declared vicious if death, injury or damage is sustained by a person who, at the time such death, injury or damage was sustained, was committing a criminal trespass upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing, or attempting to commit, a crime, or violating, or attempting to violate, an ordinance which protects persons or property. No animal shall be declared to be vicious if death, injury or damage was sustained by a domestic animal which, at the time such death, injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal. No animal may be declared to be vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. This definition shall not be construed to include animals that are part of a governmental organization or a trained guard dog in the performance of its duties. This definition shall not apply to an attack or biting by an animal when such animal is within the confines of a fenced in or enclosed building area, if such building or fenced in area has a sign warning or stating, "Beware of Dog," or other animal.

Seizure and impoundment.

Police officers or persons designated by the Police Chief may seize and impound any animal found running at large. If an impounded animal bears identification, such as a microchip or tag, the owner shall be notified. Any impounded animal without a known owner shall be held for no less than seven days, during which time the owner may reclaim or surrender the animal. Any animal that has been held for seven days shall become the property of the impoundment facility at the beginning of the eighth day.

Any impounded animal may be humanely euthanized if:

The animal is injured beyond any reasonable chance of recovery; or

The animal poses an imminent threat to the public health or safety; or

The animal poses an imminent threat to the health or safety of itself or any other person or animal.

A law enforcement officer may take custody and impound an animal if the law enforcement officer has reasonable grounds to believe that the animal caused damage to any persons or property, pursuant to Wis. Stats. § 173.13. Under such circumstance, the animal shall remain in custody of the Animal Control Agency pursuant to § 10-7 until such time that a court of competent jurisdiction orders that the animal be released, relinquished or euthanized pursuant to Subsection (b)(2)b and c. If a court of competent jurisdiction makes a finding that the impounded animal is a vicious animal, then such animal shall not be released unless the court determines that the requirements of Subsection (d)(1) through (9) are satisfied to the extent they can be prior to the animal's release.

[Added 10-24-2022 by Ord. No. 39-2022]

Notice. If the Police Chief has reasonable grounds to believe an animal is a vicious animal, he or she shall promptly notify the owner of a vicious animal of the requirements of Subsection (d)(1) through (9) and that any violations of the requirements in that subsection may result in seizure and euthanizing of the animal.

[Amended 10-24-2022 by Ord. No. 39-2022]

Harboring vicious animals. The following requirements apply to owners harboring a vicious animal. Violation of this subsection subjects the owner to seizure and impoundment and, upon a petition to a court of competent jurisdiction, either permanent relinquishment or euthanizing of the vicious animal.

[Amended 10-24-2022 by Ord. No. 39-2022]

Any vicious animal which is found off the premises of its owner, other than as provided in this subsection, may be seized and delivered to the Mount Pleasant Police Department or Animal Control Agency as defined in § 10-7.

Except when leashed and muzzled, all vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.

When constructed in a yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this subsection. The pen or kennel shall be childproof from the outside and animal-proof 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. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine an animal shall be locked with key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two feet. All structures erected to house dangerous animals shall comply with all Village zoning and building regulations

Indoor confinement. No vicious 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 building on its own volition. No vicious 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. No vicious animal may reside on a property where any person under the age of 18 resides.

Signs. The owner or caretaker of a vicious animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two inches high warning that there is a vicious animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a vicious animal.

Spay and neuter requirements. Within 30 days after an animal has been designated vicious, the owner or caretaker of the animal shall provide written proof to the Police Department from a licensed veterinarian that the animal has been spayed or neutered.

Microchip requirements. Within 30 days after an animal has been designated vicious, the owner must provide written proof from a licensed veterinarian that a numbered microchip has been placed in the animal so that the animal can be easily identified. The number on the microchip shall be provided with the written proof.

(8)

Liability insurance. The owner or caretaker of a vicious animal shall present proof of a certificate of insurance that the owner has procured liability insurance in an amount not less than $1,000,000 for any personal injuries inflicted by the vicious animal. Whenever such policy is cancelled or not renewed, the insurer and animal's owner or caretaker shall notify the Police Department of such cancellation or nonrenewal in writing by certified mail.

(9)

Training. If the vicious animal is a dog, the owner of a vicious animal, at his or her expense, must provide documentation from an accredited dog training specialist of attending and completing either an animal socialization program offered by a trainer certified by the Certification Council for Professional Pet Dog Trainers or the American Kennel Club Canine Good Citizen Program.

At large. It shall be unlawful for the owner or keeper of any animal to permit or suffer such animal to be at large.

At large causing injury. If an animal bites a person or animal and such bite causes injury, the owner of such animal shall be subject to a forfeiture of not less than $200 nor more than $2,500, together with the costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days, and shall be subject to an order for restitution for any damages suffered by the victim of said injury.

Incorporation of statutory regulation. Wis. Stats. §§ 173.13 and 174.01 — 174.046, and such sections as may be amended and/or renumbered, are hereby incorporated by reference with respect to restraining action against dogs, the imposition of forfeitures for violations of such regulations and other regulations of dogs imposed under this Code, and the impoundment and subsequent delivery, treatment and disposition of dogs; provided, however, that this subsection shall not be construed to restrict or limit any authority granted to the Police Department with respect to the regulation of dogs and shall not operate to reduce any forfeitures or other penalties which might otherwise be imposed under this Code.

§ 10-2 Rabies vaccinations.

[Amended 1-24-2011 by Ord. No. 03-2011]

Requirement for vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05(2)(d), at no later than five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog or cat into this state after the dog 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 obtained or brought into the state unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05(2)(d), 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.

Exemption from vaccination. Any dog or cat which a veterinarian licensed by the state issues a certificate to the effect that the proposed vaccination will be harmful shall be exempt from the vaccination prescribed by this article.

Proof of vaccination and licensing for dogs and cats. Owners of dogs or cats must provide required rabies vaccination and licensing certificates upon request by personnel authorized to do so by the Village.

§ 10-3 Licenses and permits.

[Ord. No. 01-2003, § 7-13; amended 1-24-2011 by Ord. No. 03-2011]

Dog and cat licenses.

It shall be unlawful for any person in the Village to own, harbor or keep a dog or cat more than six months of age without complying with the provisions of Wis. Stats. §§ 173.11 and 174.05 — 174.10, relating to the listing, licensing and tagging of dogs and cats.

[Amended 10-10-2022 by Ord. No. 36-2022]

The owner of any dog or cat more than six months of age on January 1 of any year, or six months of age within the license year, shall annually, or on or before the date the dog or cat becomes six months of age, pay a license tax and obtain a license for such dog or cat.

The license year shall be from January 1 — December 31. The Village Board, by resolution, shall establish a minimum dog or cat license tax for a neutered male dog or cat, or spayed female dog or cat, upon presentation of evidence that the dog or cat is neutered or spayed, and for an unneutered male dog or cat, or unspayed female dog or cat.

Upon payment of the required license tax and presentation of evidence that the dog or cat is currently immunized against rabies as required by § 10-2, the Clerk-Treasurer shall complete and issue to the owner a license for such dog or cat, containing all information required by state law. The 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 or cat for which the license is issued at all times, except as provided in § 10-2(d)(1). The owner shall keep the license readily available for inspection by law enforcement officers if the dog or cat is involved in an at large and/or biting incident. A dog or cat observed without a tag attached to its collar shall be presumed to be unlicensed and may be seized, impounded or restrained by any police or humane officer, or the owner may be cited.

Upon annual application with the Clerk-Treasurer, the license fee shall be waived for any animal specifically trained as a service animal.

A special half price rate will be given to senior citizens 65 years of age or older, but only if such person's dog or cat is neutered. Such special rate dose not apply to pet fanciers.

Kennel licenses.

Definition. For the purposes of this Subsection (b), the term "kennel" means a permanent shelter for more than three dogs that are more than six months of age, except shelters for which a pet fancier permit is issued under Subsection (c) of this section.

Required. Any person who provides permanent shelter for more than three dogs that are more than six months of age shall be required to obtain a kennel license unless such person has a pet fancier permit under Subsection (c) of this section.

Exemption. The county's animal control facility is covered under a separate contract and is exempt from the requirements of this Subsection (b).

Restrictions. No kennel license shall be issued to any person for any residentially zoned lot, except persons currently holding a kennel license, provided that all of the other provisions of this chapter are complied with. Every dog kennel shall be located and operated at least 200 feet from the nearest inhabited dwelling, exclusive of the dwelling of the person operating such dog kennel. Dog kennels existing on the effective date of the ordinance from which this section is derived, which are not located and operated at least 200 feet from any such dwelling, may remain in existence, but shall not be improved or extended in violation of the provisions of this section. (See zoning restrictions set forth in §§ 90-311(d) and 90-671(d).)

(Reserved)[1]

[1]

Editor's Note: Former Subsection (b)(5), Public hearing for new licenses, was repealed 10-10-2022 by Ord. No. 36-2022.

Issuance of new licenses.

The Village Board may approve the issuance of a kennel license if it finds that issuance of the license is not contrary to the public's health, safety or welfare.

[Amended 10-10-2022 by Ord. No. 36-2022]

Upon presentation of evidence to the Clerk-Treasurer that all dogs over six months of age are currently immunized against rabies, the Clerk-Treasurer shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.

Any such license shall be subject to compliance with §§ 10-10 and 10-25 of this chapter and Section 22-112 of the County Zoning Code.

Renewal.

The renewal application for each kennel license must be reviewed and approved by the Village Board. Upon recommendation by the Village Board and payment of the proper fee, the renewal license may be issued.

[Amended 10-10-2022 by Ord. No. 36-2022]

Any such license shall be subject to compliance with §§ 10-16 and 10-25 of this chapter and Section 22-112 of the County Zoning Code.

(8)

Fees. Applicants for any kennel license covering up to 12 dogs shall pay an annual fee as set by the Village Board. An additional fee as set by the Village Board shall be charged for each dog in excess of 12.

(9)

Revocation. In the event of a complaint regarding a current kennel license, the Village Board may discuss the complaint at a public hearing and take appropriate action, up to, and including, revocation.

[Amended 10-10-2022 by Ord. No. 36-2022]

(10)

Tags required. The owner or keeper of a kennel shall at all times keep a kennel license tag attached to the collar of each dog over six months of age, except during competition or training.

(11)

Transfer of tags. Tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel; however, the rabies vaccination tag or substitute tag shall at all times remain attached to the dog for which it is issued, except on a show dog during competition or training.

(12)

Strays and taking outside kennel limits. No dog bearing a kennel tag shall be permitted to stray or be taken any place outside the limits of the kennel unless the dog is on a leash or on a temporary basis for the purpose of hunting, breeding, trials, training or competition.

(13)

Fenced in areas. Kennel owners shall provide adequate housing and care for the animals, including a fenced in run area sufficient to accommodate the number of dogs in the kennel. (See § 10-16.)

Pet fancier permit.

Required.

Any person who resides in a single-family dwelling may apply for a pet fancier permit to allow such person to provide permanent shelter for up to seven pets.

Residents of multiple-family units are only allowed two animals per unit, and may not be issued a pet fancier permit.

Issuance of new permit.

The Clerk Treasurer may approve the issuance of a pet fancier permit upon such conditions as it deems appropriate.

The Clerk Treasurer may issue a pet fancier permit, upon evidence that each pet to be covered by the pet fancier permit is properly licensed under Subsection (a) of this section.

All pet fancier permits, whether new or renewed, shall be subject to compliance with all applicable provisions of this chapter, as well as any applicable provisions of this Code.

The permit year shall be from January 1 through December 31, the same as pet licensing term.

Renewal.

Pet fancier permits shall be renewed annually.

Amendments. The Clerk Treasurer may issue an amended pet fancier permit if the holder of the permit requests to delete and/or add a pet to the permit, provided the number of pets do not exceed the total allowed by the permit and provided evidence is presented to the Clerk Treasurer to show that any pets to be added to the permit are properly licensed under Subsection (a) of this section.

Fee. Applicants for any pet fancier permit shall pay a nonrefundable annual fee as set by the Village.

Revocation. If there are complaints regarding a current pet fancier permit, the Village Board may schedule a public hearing on the matter and take appropriate action up to, and including, revocation of the permit.

[Amended 10-10-2022 by Ord. No. 36-2022]

Adequate housing and care required. A holder of a pet fancier permit shall provide adequate housing and care for the animals.

§ 10-4 Late fees.

[Amended 1-24-2011 by Ord. No. 03-2011; 10-10-2022 by Ord. No. 36-2022]

The collecting official shall assess and collect a late fee of $5 established by the Village Board from any owner of a dog, cat five months of age or older, if the owner fails 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. All late fees collected shall be paid in to the Village treasury. In addition, if the Village gives written notice to the owner of any licensable dog, cat and the owner fails to pay the late fee within 30 days after such notice, the owner shall be liable for prosecution for a violation of this section under § 1-15.

§ 10-5 Rabies control.

[Ord. No. 14-2009, § 28, 10-26-2009]

See § 39-3.

§ 10-6 (Reserved) [1]

[1]

Editor's Note: Former § 10-6, Dogs, cats, fowl and other animals, was repealed 10-10-2022 by Ord. No. 36-2022.

§ 10-7 Impoundment of animals.

[Ord. No. 01-2003, § 7-1-7, 1-14-2003]

Animal control agency.

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

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

(Reserved)[1]

[1]

Editor's Note: Former Subsection (b), Reasons, was repealed 10-10-2022 by Ord. No. 36-2022.

(Reserved)[2]

[2]

Editor's Note: Former Subsection (c), Claiming seized animals; disposal of unclaimed animals, was repealed 10-10-2022 by Ord. No. 36-2022.

Liability. 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.

§ 10-8 Domestically owned animals in cemeteries and on school grounds.

[Ord. No. 01-2003, § 7-1-8, 1-14-2003]

No domestically owned animal shall be permitted in any public cemetery, except service animals and law enforcement animals.

No person shall walk a pet upon public or private school grounds unless express permission from persons in control of the school grounds has been secured.

§ 10-9 Duty of owner in case of animal bite.

[Ord. No. 14-2009, § 29, 10-26-2009]

See § 39-3.

§ 10-10 Animal feces.

[Ord. No. 01-2003, § 7-1-10, 1-14-2003]

Public and private property. It shall be unlawful for any person in immediate control of any animal to permit fecal matter which is deposited by such animal while off of its own premises to remain on any street, alley, sidewalk, lawn, field or any public property, and it shall be solely the responsibility of the person in control of such animal to immediately, after such deposit, remove and dispose of all such fecal matter. Any person owning or having control of an animal on any property, public or private, which is owned or occupied by such person, shall promptly remove excrement left by such animal and place it in a proper receptacle, bury it or flush it in a toilet on property owned or occupied by such person. This subsection shall not apply to a person who is visually or physically handicapped. Any person causing or permitting an animal to be on any property, public or private, not owned or occupied by such person shall have in his immediate possession a device or object suitable for removal of excrement and a depository for the transmission of excrement to the property owned or occupied by such person.

Complaints of neighbors. If a neighbor complains of fecal odor from a resident's property who owns animals, the health department or Police Department may issue an order to correct such nuisance. If such nuisance is not corrected, a citation may be issued.

Filing complaints with Police Department. Any adult person, alone or together with other adults, may seek relief from animal fecal matter deposits as described in Subsection (a) and/or (b) of this section by making a complaint to the Police Department.

§ 10-11 Injury to property by animals.

[Ord. No. 01-2003, § 7-1-11, 1-14-2003]

It shall be unlawful for any person owning or possessing an animal to permit such animal to go upon any parkway, or private land or premises without the permission of the owner of such land or premises, and to habitually break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden, in any manner whatsoever, or to defecate or urinate thereon.

§ 10-12 Habitually noisy animals.

[Ord. No. 01-2003, § 7-1-12, 1-14-2003; amended 10-10-2022 by Ord. No. 36-2022]

It shall be unlawful for any person to knowingly keep or harbor any animal which habitually barks, howls, yelps or cries to the great discomfort of the peace and quiet of the neighborhood or in such a manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such animals are hereby declared to be a public nuisance.

§ 10-13 Protected and prohibited animals, fowl, reptiles and insects.

[Ord. No. 01-2003, § 7-1-13, 1-14-2003]

Protected animals.

Possession and sale. It shall be unlawful for any person to possess, with the 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:

Any wild cat of the family felidae;

Polar bear (thalarctos maritimus);

Red wolf (canis niger);

Vicuna (vicugna vicugna);

Alligator, caiman or crocodile of the order of crocodilia;

Gray or timber wolf (canis lupus);

Sea otter (enhydra lutris);

Pacific ridley turtle (lepidochelys olivacea);

Atlantic green turtle (chelonia mydas);

Mexican ridley turtle (lelpidochelyskempi).

Compliance with federal regulations. It shall be unlawful for any person to buy or sell, or attempt to buy 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 on the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (PL 135, 91st Congress).

Regulating the importation of certain birds. No person shall import, or cause to be imported, into the 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 or body, or any part thereof, legally collected for use by the Native Americans for ceremonial purposes or in the preservation of their tribal customs and heritage.

Exceptions. The provisions of this Subsection (a) 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, persons holding a scientific collector's permit issued by the secretary of the state department of natural resources, or to any person or organization licensed to present a circus. The Village may waive the provisions of this Subsection (a) for premises with appropriate federal and state permits.

Wild animals.

Unlawful act. Unless prior approval is received from the Village, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile with any vicious or dangerous propensities. Specifically, it shall be unlawful, without Village approval, for any person to keep, maintain or have in his possession or under his control within the Village any animal, reptile or insect, including, but not limited to:

Any warmblooded, carnivorous or omnivorous, wild or exotic animal, including, but not limited to, nonhuman primates, raccoons, skunks, foxes and wild and exotic cats, but not including potbellied pigs.

All poisonous animals and reptiles, including rear-fang snakes.

Apes, including chimpanzees (Pan); gibbons (hylobates); gorillas (Gorilla); orangutans (Pongo); and ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilians), including alligators, caymans and gavials.

Constrictor snakes.

Coyotes (Canis latrans).

Deer (Cervidae), including all members of the deer family (example: white-tailed deer, elk, antelope and moose).

Elephants (Elephas and Loxodonta).

Foxes.

Game cocks and other fighting birds.

Hippopotami (Hippopotamidae).

Hyenas (Hyaenidae).

Jaguars (Panthera onca).

Leopards (Panthera pardus).

Lions (Panthera leo).

Lynxes (Lynx).

Monkeys, old world (Cercopithecidae).

Ostriches (Struthio).

Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

Raccoons.

Rhinoceroses (Rhinocero tidae).

Skunks.

aa.

Snow leopards (Panthera uncia).

bb.

Tigers (Panthera tigris).

cc.

Wolves (Canis lupus).

dd.

Poisonous insects, including tarantulas.

Exceptions. The prohibitions of Subsection (b)(1) of this section shall not apply to:

Creatures used as assistance animals.

Creatures in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of 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; or zoological gardens, if:

Their location conforms to the provisions of Chapter 90 of this Code.

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

The animals are maintained in quarters constructed to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept.

Such animals are ferrets, nonpoisonous snakes, nonconstricting snakes, rabbits and laboratory rats which have been bred in captivity and which have never known the wild.

Livestock.

Definition. For the purposes of this Subsection (c), the term "livestock" means cattle, horses, donkeys, swine, sheep, goats, llamas, emus, ostriches, alpacas or farm raised deer and other such animals susceptible to use for commercial purposes, including domesticated fowl, such as chickens, turkeys, geese, ducks, guineas or other poultry.

Keeping. It shall be unlawful for any person to keep any livestock within the Village unless otherwise permitted by this Code. (See §§ 90-311(d) and 90-371(c)(7).)

Exceptions.

Livestock may be kept on any parcel zoned for agricultural use, provided the area of the parcel is at least two acres.

Livestock may be kept on any parcel zoned for residential use, provided, the area of the parcel is at least five acres and the livestock is kept more than 300 feet from every residence not on the parcel.

Livestock kept on a parcel prior to the adoption of the ordinance from which this section is derived shall be allowed to remain on the parcel, notwithstanding a violation of this section, provided that the livestock is not determined by the Village to be a nuisance following a hearing on the matter, if one is requested, in writing, by a neighbor residing on a parcel within 300 feet of the parcel where the livestock is kept.

§ 10-14 Rabbits, chicks and artificially colored animals.

[Ord. No. 01-2003, § 7-1-14, 1-14-2003]

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 artificially colored.

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.

No retailer, as in Wis. Stats. § 100.30(2)(e), 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 of less than six, unless the purpose of selling such animals is for agricultural, wildlife or scientific purposes.

§ 10-15 Provision of proper food and drink to confined animals.

[Ord. No. 01-2003, § 7-1-15, 1-14-2003]

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 follows:

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 a sufficient quantity for the health of the animal.

§ 10-16 Provision of proper shelter.

[Ord. No. 01-2003, § 7-1-16, 1-14-2003]

Required. 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.

Indoor standards. Minimum indoor shelter standards shall include the following:

Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

Outdoor standards. Minimum outdoor shelter standards shall include the following:

Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal, sufficient shade, by natural or artificial means, shall be provided to protect the animal from direct sunlight.

Shelter from inclement weather.

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.

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.

Space standards. Minimum space requirements for both indoor and outdoor enclosures for animals other than dogs shall include:

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.

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.

Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta, other waste materials, dirt and trash so as to minimize health hazards.

Specific housing requirements for dogs. The minimum requirements for a dog house shall be as follows:

The floor shall rest on an enclosed base, four inches in height.

The height of the dog house shall be at least four inches above the height of the occupant dog.

The length and width of the dog house shall be of such dimensions that the occupant dog can lie flat on its side on the floor.

The dog house shall have a tight board floor.

The roof and sides of the dog house shall be constructed so as to be waterproof and windproof.

A baffle shall be placed over the door in inclement weather. A baffle shall consist of some material or structure that will protect the occupant dog from direct exposure to the elements of weather.

The whole floor shall be bedded with hay or straw to a thickness of at least six inches.

(8)

The dog house run shall be located at least 15 feet from the owner's lot line.

(9)

Shade from the direct rays of the sun in the months of June — September, inclusive, shall be provided in the area of the dog house.

(10)

The area around the dog house shall be reasonably dry, without standing water or mud, and shall be kept reasonably clean.

(11)

The minimum outdoor dog run enclosure size shall be four feet by six feet, and shall be of a height and strength sufficient to contain the dog.

(12)

The minimum allowable tie out length is 15 feet.

Coop maintenance. No person shall maintain or operate a coop unless the coop is established at least 25 feet from the nearest inhabited dwelling, exclusive of the dwelling of the person operating such coop. Coops existing on the effective date of the ordinance from which this section is derived, which are not located and operated at least 25 feet from any such dwelling, may remain in existence, but shall not be improved or extended in violation of this section. Every coop shall be operated and maintained in a clean and sanitary condition so as not to endanger the health, comfort, safety and welfare of the public. (See § 90-371(c)(7)c.)

§ 10-17 Neglected, abandoned and injured animals.

[Ord. No. 01-2003, § 7-1-17, 1-14-2003]

Neglected and abandoned animals.

No person may abandon any animal.

Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner, and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases, the owner, if known, shall be immediately notified and such officer, or other person having possession of the animal, shall have a lien thereon for the animal's care, keeping and medical attention and the expense of the notice.

If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within seven days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

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 the animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

Wis. Stats. § 948.17 is hereby adopted by reference and made a part of this section.

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. If 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.

§ 10-18 Cruelty to animals and birds.

[Ord. No. 01-2003, § 7-1-18, 1-14-2003]

Birds' nests and eggs. No person, except a police officer, Health Officer or humane officer in the pursuit of their duties, shall, within the Village, shoot or kill, or commit an act of cruelty to an animal or bird or disturb any bird's nest or bird's eggs.

Leading animal from motor vehicle. No person shall lead any animal upon a Village street from a motorized vehicle or a trailer or semitrailer drawn by a motorized vehicle.

Use of poisonous and controlled substances. No person may expose any pet owned by another person to any known poisonous substance or controlled substance listed in Wis. Stats. § 161.14, whether or not it is mixed with meat or other food, 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 a person'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.

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 bristle bur, tack bur or similar device, or a poling device used to train a horse to jump which is charged with electricity or to which nails, tacks or other sharp points have been affixed.

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 of any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

Fighting of animals. No person shall:

Own, possess, keep or train any animal with the intent that such animal shall be engaged in an exhibition of fighting.

Build, make, maintain or keep a pit or enclosure on any premises owned or occupied by him, or allow a pit or enclosure to be built, made, maintained or kept on such premises for the purpose of an exhibition of animal fighting.

Exercise an animal with weights for the purpose of fighting, including, but not limited to, heavy items strapped to the animal's chest or neck.

In any manner encourage, instigate, promote or assist in an exhibition of animal fighting or intentional combat.

Charge admission, be an assistant, umpire or participant, or be present as a spectator to any exhibition of animal fighting or combat.

Impoundment. Any animal control officer or other officer empowered to act by law may impound any animal found to be cruelly treated.

§ 10-19 Trapping animals.

[Ord. No. 01-2003, § 7-1-19, 1-14-2003]

In the interest of public health and safety, it shall be unlawful for any person within the Village 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. For the purposes of this subsection, the term "live box type traps" means traps which capture and hold an animal in an alive and unharmed condition. Any person requiring deviations from this section must receive written approval from the Village Board.

All such traps set, placed or tended on Village-owned land shall comply with Wis. Stats. Ch. 29, as such chapter relates to trapping.

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

§ 10-20 Animalnapping.

[Ord. No. 01-2003, § 7-1-20, 1-14-2003]

No person may take an animal of another person from one place to another without the owner's consent, or cause such animal to be confined or carried out of the Village or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents engaged in the exercise of their official duties, or as otherwise permitted in this chapter.

§ 10-21 Vehicle accidents.

[Ord. No. 01-2003, § 7-1-21, 1-14-2003]

The operator of any vehicle involved in an accident resulting in injury to, or death of, a domestic animal which appears to be a pet shall immediately notify the Police Department or an animal control agency the jurisdiction of which extends into the Village.

§ 10-22 Sale or display of certain birds in food establishments.

[Ord. No. 01-2003, § 7-1-22, 1-14-2003]

No person shall sell or display birds of the Psittacine family in any store selling, giving away or preparing food or drink for human consumption unless the birds are enclosed so as to prevent any possible contamination of the food or drink.

§ 10-23 Keeping bees.

[Ord. No. 01-2003, § 7-1-23, 1-14-2003]

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 zoned residential within the 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 six feet high, shall be installed and maintained along the exterior boundary. Such barrier may be either a natural or artificial planting.

Watering facilities for bees shall be provided on the premises.

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

Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located within a school or university building for the purpose of study or observation.

No person shall keep, establish or maintain any hive, stand or box where bees are kept without first obtaining a permit from the health department. A brief and simple plan, including a diagram describing the location of the hive, stand or box in relationship to lot boundaries and the barrier, shall be submitted to the health department prior to the issuance of a permit. No fee shall be charged for such permit.

The health department may deny or revoke a permit under this section if, based on the plan submitted or a verified complaint signed by two or more witnesses residing in different households, it is determined that the beehive creates a nuisance. A person whose permit is denied or revoked under this section shall have the right to appeal the health department's denial or revocation to the board of health.

§ 10-24 Care of livestock.

[Ord. No. 01-2003, § 7-1-24, 1-14-2003]

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

HORSES

Includes donkeys, mules and ponies.

Stable maintenance. No person shall maintain or operate a stable unless the stable shall be established at least 200 feet from the nearest inhabited dwelling, exclusive of the dwelling of the person operating such stable. Stables existing on the effective date of the ordinance from which this section is derived, which are not located and operated at least 200 feet from any such dwelling, may remain in existence, but shall not be improved or extended in violation of the provisions of this section. Every stable shall be operated and maintained in a clean and sanitary condition so as not to endanger the health, comfort, safety and welfare of the public. No horse, cow, pig, sheep, goat or other small animal or bird shall be kept and maintained other than in a stable which conforms to the requirements of this section. (See §§ 90-311(d) and 90-371(c)(7).)

Responsibility. The owner of a horse shall be responsible, at all times, for the care and welfare of such animal.

Shelters in pastures. All horses kept in pastures without access to barn facilities during the months of October — April, inclusive, shall have access to a shelter which shall consist of at least three walls and a roof. The shelter shall be of such size and type of construction as will permit all horses in such pasture to be completely underneath its roof and protected from direct exposure to weather.

Barns. The stalls wherein horses are kept shall be cleaned at least once a day. An adequate supply of bedding straw or comparable material shall be kept in the stalls at all times.

Food and water. Proper feed of an adequate amount and adequate water shall be provided to the horses at all times. When the usual water supply becomes frozen, water shall be provided to horses twice a day in such amounts as will permit such animals to drink their fill.

Defects. Any horse adjudged by a law enforcement officer of the Village, Health Officer or animal control officer to be sick, lame or injured shall not be used for work or recreation.

(h)

Shoeing. A horse ridden on the road or any hard surface must be shod.

§ 10-25 Number of dogs and cat.

[Ord. No. 01-2003, § 7-1-25, 1-14-2003]

FAMILY

One or more persons.

RESIDENTIAL LOT

A parcel of land zoned as residential, which is intended to be occupied by a dwelling.

Limitation. Without the applicable licenses, no family shall own, harbor or keep in their possession more than three dogs or cats, or any combination thereof, on any lot, except that a litter of puppies or kittens, or a portion thereof, may be kept for not more than 10 weeks from birth unless such family has been issued, and are in compliance with, a kennel license, as provided in § 10-3(b). If more than one family resides on a residential lot, then only a total of three dogs or cats, or any combination thereof, shall be allowed on a residential lot unless prior approval is obtained from the Village.

[Amended 10-10-2022 by Ord. No. 36-2022]

Transient dogs and cats. Any dog or cat shipped or transported through the Village or entering the Village only for the purpose of a temporary stay, when such stay shall not exceed 30 days, shall be exempt from the license fees and collars and tag requirements of this chapter; however, all other provisions of this chapter are applicable to such transient animals.

§ 10-26 Slaughterhouses.

[Ord. No. 01-2003, § 7-1-26, 1-14-2003]

License required. No person shall construct, operate or maintain a slaughterhouse in the Village without first obtaining a license from the state department of agriculture under Wis. Stats. § 97.42(2).

Location. No person shall construct, operate or maintain a slaughterhouse in the Village within one mile of any residence or other structure used for dwelling purposes. (See §§ 90-671 and 90-691.)

§ 10-27 Violations; penalties.

[Ord. No. 01-2003, § 7-1-27, 1-14-2003; amended 10-10-2022 by Ord. No. 36-2022]

Any violations of this chapter not otherwise specified shall be subject to the general penalty pursuant to § 1-15.