[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94
as Ch. 14 of the 1994 Code]
It is the purpose and intent of this article
to provide for the health, safety and welfare of the general public,
to require the licensing of pets and to curtail the roaming of pets
individually or in packs in a manner to expose persons and property
to the risk of bodily injury or damage. It is also the purpose of
this article to complement application of Ch. 174, Wis. Stats.
The following definitions shall apply in the
interpretation and enforcement of this article:
Conduct by a pet which is unreasonably loud, violent or otherwise
disorderly conduct under circumstances in which such conduct tends
to cause or provoke a disturbance.
The Jefferson County Humane Society.
From January 1 through December 31 of each year.
Every person who owns, harbors, keeps or has temporary custody
of a pet.
Having actual ownership, harboring, keeping or having temporary
custody of a pet.
Any dog, cat or other permitted household animal.
[Amended 7-8-2003 by Ord. No. 20-03]
On two or more prior occasions the pet owner has received
complaints from a Village law enforcement officer that such owner's
pet is or was recently disorderly.
Off the premises of the owner or not in near enough proximity
to the owner so that the owner can, in fact, control the pet.
Any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition. The work
or tasks performed by a service animal must be directly related to
the handler’s disability. Examples of work or tasks include,
but are not limited to, assisting individuals who are blind or have
low vision with navigation and other tasks, alerting individuals who
are deaf or hard of hearing to the presence of people or sounds, providing
nonviolent protection or rescue work, pulling a wheelchair, assisting
an individual during a seizure, alerting individuals to the presence
of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability
to individuals with mobility disabilities, and helping persons with
psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of
an animal’s presence and the provision of emotional support,
well-being, comfort, or companionship do not constitute work or tasks
for the purposes of this definition.
[Added 9-27-2010 by Ord. No. 18-10]
A Village policeman or any other person designated by the
Village Board to enforce Village ordinances.
[Amended 7-8-2003 by Ord. No. 20-03]
B.
The Village Clerk-Treasurer shall issue a license
tag for each licensed dog in accordance with § 174.07, Wis.
Stats.
C.
The owner of any dog required to be licensed shall
notify the Village Clerk-Treasurer in writing within 30 days of such
owner no longer owning a dog which previously was required to be licensed.
D.
Service animals shall be exempt from the license tax
and shall receive a free license from the Clerk/Treasurer upon application
thereof.
[Amended 9-27-2010 by Ord. No. 18-10]
E.
The owner of a dog five months of age or older which was not vaccinated against rabies in the previous three years shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age or within 30 days after the dog is obtained or brought into the Village, whichever is later. The owner of any dog failing to comply with this provision shall be subject to a forfeiture as provided in Chapter 60, Penalties. Evidence that the dog is currently immunized against rabies shall be submitted to the Village Clerk-Treasurer before a license is issued.
F.
Number of dogs permitted.
[Added 2-6-2003 by Ord. No. 01-03]
(1)
Every owner of a dog kept within the Village limits
is required to obtain a license for each dog. Each household is permitted
two dog licenses by right.
(2)
If a household owns or keeps more than two dogs on
the premises for which licenses are required, the owner(s) shall,
in addition to obtaining the required license for each dog, file a
statement with the Village Clerk-Treasurer acknowledging he/she is
aware of the Village's dog limitation and he/she agrees to reduce
the number of licensed dogs on the premises to two if the Police Department
receives a nuisance complaint against the premises caused by, or related
to, the number of dogs housed on the premises.
[Amended 7-8-2003 by Ord. No. 20-03]
A.
No person shall own, harbor or permit to remain about
his premises any pet for which no license exists and for which a license
is required.
B.
No person having in his or her possession or ownership
any pet shall allow the same to run at large within the Village. The
owner of any pet, whether licensed or unlicensed, shall keep his or
her pet tied or enclosed in a proper enclosure so as not to allow
said pet to interfere with the passing public or neighbors. Any pet
running at large unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a village law enforcement
officer.
C.
A pet shall not be considered to be running at large
if it is on a leash and under control of a person physically able
to control it.
D.
The owner of any pet shall be responsible for removing animal waste deposited on any property other than the owner's property. Such removal shall be undertaken immediately and the failure to do so shall subject the owner of the pet to the penalties set forth in § 96-9 of this chapter.
[Added 8-7-2003 by Ord. No. 22-03]
[Amended 7-8-2003 by Ord. No.
20-03; 9-24-2018 by Ord. No. 4-18]
A.
DANGEROUS DOG
(1)
(2)
(3)
(4)
(5)
SERIOUS INJURY
(1)
Definitions.
The following definitions shall apply in the interpretation and enforcement
of this section:
As used herein, the term "dangerous dog" means:
Any dog with a propensity, tendency, or disposition to attack
or cause serious injury to human beings or domestic animals.
Any dog, which without provocation, attacks or bites, or has
attacked or bitten, any person or domestic animal, causing serious
injury.
Any dog which has caused less than serious injuries to humans,
livestock or domestic animals after the owner was notified or should
have known the dog previously injured or caused injury to a person,
livestock or domestic animal.
Any dog which has been found to be dangerous by a Circuit or
Municipal Court in a trial or hearing upon a charge of harboring a
dangerous animal.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
As used herein, the term "serious injury" means:
Any dog bite which was inflicted with sufficient force to break
the skin or cause permanent physical scaring or disfigurement.
B.
Dangerous
dogs and animals prohibited. It shall be unlawful for any person within
the Village of Johnson Creek to own, harbor or keep any dog or animal
which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
(8)
Is a dangerous dog as that term is defined in this section.
C.
Impoundment.
(1)
No person shall harbor, keep or maintain within the Village limits
of the Village of Johnson Creek any dangerous dog.
(2)
Violators shall be summoned to appear before the Municipal Court
or the Circuit Court of Jefferson County. When any person is charged
with harboring a dangerous dog, as defined in this section, the Police
Chief may order the dog to be impounded until final disposition of
the citation or trial, or alternatively, may order the person charged
with harboring a dangerous dog to confine the dog until final disposition
of the citation or complaint.
(3)
If the owner or person charged with violation of this section fails
to confine the dog, as ordered by the Police Chief, then the Village
of Johnson Creek Police Department shall impound the dog at the Jefferson
County Humane Society until final disposition of the citation or trial,
unless otherwise ordered by the Court. If the dog is determined, by
plea or trial, to be a dangerous dog, the Court shall be empowered
and required to order such disposition of the dog as shall best safeguard
the health, safety and welfare of the general public, such disposition
including but not limited to entry of an order requiring the owner
or person charged with a violation of this section to remove the dangerous
dog from the Village of Johnson Creek. The order of disposition issued
by the Court shall be in addition to any fine imposed for a violation
of this section, and the Court may order the destruction of the dangerous
dog by humane means in the event the owner fails to promptly comply
with the order of disposition issued by the Court.
(4)
Any dangerous dog which is found off the premises of the owner may
be seized by any person, or by the Village of Johnson Creek Police
Department, and impounded at the Jefferson County Humane Society pending
issuance of a citation or complaint involving a violation of this
section.
(5)
No person shall harbor or permit to remain on the owners premises,
or in the Village of Johnson Creek, any animal that is habitually
inclined toward attacking persons or animals, destroying property,
barking excessively or making excessive noises or running after automobiles.
D.
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 materially
to 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 subsection
when two formal written complaints are filed with the Police Department
within a four-week period.
E.
Animals
prohibited.
(1)
It shall be unlawful for any person to keep, maintain, or have in
his possession or under his control within the Village any poisonous
reptile or any other dangerous or carnivorous wild animal, insect
or reptile, any vicious or dangerous domesticated animal or any other
animal or reptile of wild, vicious or dangerous propensities. Specifically,
it shall be unlawful for any person to keep, maintain or have under
his control within the Village any of the following:
(a)
All poisonous animals and reptiles, including rear-fang snakes.
(b)
Ape, baboons, monkeys, chimpanzees, gibbons, gorillas, orangutans,
and similar primates.
(c)
Bears.
(d)
Birds of prey.
(e)
Bison.
(f)
Cheetahs, jaguars, leopards, lions, lynxes, pumas, cougars,
panthers, tigers, mountain lions and similar wild cats.
(g)
Crocodiles.
(h)
Constrictor snakes.
F.
State law adopted.
(1)
Section 174.02, Wis. Stats. is hereby adopted by reference and incorporated
into this Municipal Code. Any citation or complaint issued for the
purpose of seeking compliance with the requirements of § 174.02,
Wis. Stats. shall be in addition to, and not limited by, any citation
or complaint issued for the purpose of seeking enforcement or compliance
with other provisions of this section.
No person shall abandon a pet in the Village.
A.
License required.
(1)
Any dog in the Village which does not bear a required
license tag or any pet running at large in the Village shall be caught
and impounded by a Village law enforcement officer or by any member
of the Village Board and may be caught by any employee of the Jefferson
County Humane Society.
[Amended 7-8-2003 by Ord.
No. 20-03]
(2)
The fact that a dog is without a license tag attached
to a collar worn by the animal shall be presumptive evidence that
the dog is unlicensed.
[Amended 7-8-2003 by Ord.
No. 20-03]
(3)
Any pet caught and impounded in accordance with the
provisions of this section may be delivered to the animal shelter
operated by the Jefferson County Humane Society.
B.
Reclamation of impounded pets.
(1)
Immediately after any pet is impounded in accordance
with the provisions of this section, an employee of the Jefferson
County Humane Society shall notify by United States Postal Service
the owner of such pet, if such owner is known or can be ascertained
with reasonable effort, that the pet has been impounded and that it
may be reclaimed within seven days or, in the event such pet is not
reclaimed, that it may be destroyed.
(2)
If the owner of an impounded pet is unknown or cannot be ascertained with reasonable effort, the Humane Society or whoever else has a pet impounded in accordance with this section may post in three places in the Village a description of such impounded pet stating where the pet is impounded and that if the owner of such impounded pet does not reclaim it within seven days the pet shall be disposed of in a proper humane manner. The Humane Society or person holding such an impounded pet of unknown ownership may also carefully read the lost and found advertisements of local newspapers having general circulation in the community to determine whether such impounded pet is advertised as lost and, if so, may promptly notify the advertiser as provided in Subsection B(1) above.
(3)
If the pet is an unlicensed dog, the person or Humane
Society holding the impounded dog may, before reclamation of such
dog, require proof from the Village Clerk-Treasurer that a dog license
has been purchased.
[Amended 7-8-2003 by Ord.
No. 20-03]
(4)
The dog license tax, if applicable, and the cost incurred
for keeping an impounded pet shall constitute a lien against such
pet.
[Amended 7-8-2003 by Ord.
No. 20-03]
(5)
Reclamation of an impounded pet shall not be a defense
to prosecution for violation of this article.
C.
Payment for pet seizure, impoundment and destruction.
No person shall remove any pet impounded at the Jefferson County Humane
Society without first having paid to the Village Clerk-Treasurer any
fee assessed to the Village by the Jefferson County Humane Society.
A.
The provisions of this article shall be enforced by
policemen, Trustees and any other person designated by the Village
Board. Any Village law enforcement officer or trustee is authorized
and directed to make investigations and execute complaints in behalf
of the Village alleging violations of this article.
B.
Special inspection warrant.
(1)
Any Village law enforcement officer and any Trustee
engaged in enforcing the provisions of this article may question persons
and inspect property in the Village.
(2)
In the event any person having possession or ownership
of property which is the subject of investigation refuses to consent
to entry for the purpose of inspection, a Village law enforcement
officer or Trustee may apply for a special inspection warrant in accordance
with the provisions of §§ 66.0119, Wis. Stats.
A.
Any person who causes or permits a pet to run at large shall be subject to a forfeiture as provided in Chapter 60, Penalties, for the first such offense and for any subsequent offense which occurs within 24 months of the first offense. For the purpose of determining whether a subsequent violation has occurred, the date of the issuance of a citation for the first offense shall be used to compute the twenty-four-month period referred to herein.
[Adopted 12-1-1994 by Ord. No. 12-94
as § 42.05 of the 1994 Code]
[Amended 7-8-2003 by Ord. No. 20-03; 4-22-2013 by Ord. No.
05-13]
No horse, mule, donkey, pony, cow, goat, sheep,
animal raised for fur-bearing purposes, including rabbits, or fowl,
including ducks, geese, pigeons or turkeys, shall be kept within the
Village limits except upon any parcel of unplatted agricultural or
residential land consisting of five or more acres, within the Village
limits, which is used exclusively for farming or conducting a farm
operation.
A.
Every stable or other building wherein any animal listed in § 96-10 is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
B.
Every such stable or any other building situated upon
a farm within the Village limits as previously defined or occupied
by authority of a special permit shall, if located within 200 feet
of any apartment building, hotel, restaurant, retail food store, building
used for school, religious or hospital purposes or residence other
than that occupied by the owner or occupant of the premises upon which
said creatures are kept, be provided with a watertight and flytight
receptacle for manure, of such dimension as to contain all accumulations
of manure, which receptacle shall be emptied sufficiently often and
in such manner as to prevent its becoming a nuisance. Said receptacle
shall be kept securely covered at all times except when open during
the deposit or removal of manure or refuse. No manure shall be allowed
to accumulate except in such receptacle.
[Amended 7-8-2003 by Ord. No. 20-03]
C.
The Building Inspector shall, if he deems such measures
necessary in order to avoid a nuisance, require that any such building
be screened tightly against flies and/or that it be provided with
running water, drain sewer connection, or flooring impervious to water
and that such other measures be taken as may be necessary to ensure
proper protection to public health and safety.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006
by Ord. No. 15-06]
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06; 4-22-2013 b Ord. No. 05-13]
A.
No dovecote, dog kennel, rabbit warren, or other yard
or establishment where small animals or fowl are kept shall be maintained
closer than 40 feet to any tenement or apartment house, hotel, restaurant,
retail food store, building used for school, religious or hospital
purposes, or residence other than that occupied by the owner or occupant
of the premises upon which said creatures are kept.
B.
All structures, pens or yards wherein animals or fowl
are kept or permitted to be kept shall be maintained in a clean and
sanitary condition, devoid of all rodents and vermin, and free from
objectionable odors. The interior walls, ceilings, floors, partitions,
and appurtenances of all such structures shall be whitewashed or painted
annually or more often as the Building Inspector shall direct. The
Building Inspector, upon the complaint of any individual, shall inspect
any such structure or premises and issue any such order as may be
necessary to carry out the provisions of this article.
[Added 4-22-2013 by Ord. No. 05-13]
A.
ADJACENT PROPERTY
CHICKEN
ENCLOSED COOP
KEEP
OPEN COOP
PERMIT
ROOSTER
Definitions. The following terms, when used in this section, shall
have the meanings set forth below:
Any property to the side, rear or front of any other property
excluding any property, across a street or alley.
A domestic chicken of the subspecies Gallus gallus domesticus.
A covered, predator- and vermin-resistant, well ventilated,
new or existing accessory structure providing a minimum of two square
feet per chicken, to a maximum of 40 square feet, including the run
designed or modified for the keeping of chickens where the chicken
is not visible from the outside of the structure.
Either the owning, keeping, possessing or harboring of a
chicken.
A covered, predator- and vermin-resistant, well ventilated,
new or existing accessory structure providing a minimum of two square
feet per chicken, to a maximum of 40 square feet, including any run
designed or modified for the keeping of chickens where the chicken
is visible from the outside of the structure.
A privilege to allow a chicken or chickens to be kept on
the licensed premises.
A male chicken of any age, including a capon or otherwise
neutered male chicken.
B.
Confinement of chickens. Chickens must be kept in an enclosed or
open coop or run at all times.
C.
Location of coop. An enclosed or open coop shall be located no closer
than 25 feet to any lot line and may not be within the front yard
setback. No chicken shall be kept within an occupied structure or
structure attached to an occupied structure.
D.
Annual chicken permit required. No person shall keep any chickens
nor construct any coop without first obtaining an annual residential
chicken permit hereunder.
(1)
Fee. An application fee, as determined in Chapter 33, Fees, shall be paid to the Village by the applicant when the application is filed.
(2)
Application. The application for the annual residential chicken permit
shall be made using such forms as required by the Village and must
contain an accurately scaled drawing showing the location of the proposed
coop and distances to lot lines. If the applicant is not the owner
of the parcel, the property owner must sign the application certifying
approval for the use of the premises for this purpose. The property
owner's signature must be notarized.
(3)
Registration. Any permit application shall be accompanied with satisfactory
evidence that the applicant has registered the proposed location with
the Wisconsin Department of Agricultural Trade and Consumer Protection
pursuant to 95.51, Wis. Stats., and § ATCP 17, Wis. Adm.
Code.
(4)
Open coop. If the application is requesting the use of an open coop,
the adjacent property owner(s) must sign the application certifying
the approval for the use of the premises for this purpose. All adjacent
property owners' signature(s) must be notarized. The maximum
number of chickens allowed is four.
(5)
Enclosed coop. The maximum number of chickens allowed is six.
E.
Miscellaneous.
(1)
Rooster. No rooster shall be kept within the Village limits.
(2)
Slaughtering. No chicken shall be slaughtered within the Village
limits.
(3)
Food. All food and supplies shall be maintained in a secure and rodent
proof container.
(4)
Waste. All waste generated by the operation of the coop, including manure, droppings, organic bedding material and spoiled feed shall either be composted on site or disposed of in accordance with Chapter 205, Solid Waste. Any chicken carcass may not be composted. Waste is prohibited from being deposited at the Village yard waste or compost site. Waste may not be stockpiled to create a nuisance or odor.
(5)
Sanitation. The premises of the permit must be kept and in a neat
and orderly appearance. The coop must be kept clean and in good repair.
(6)
Inspection. The Zoning Administrator and/or Building Inspector may
enter the property of a permit holder to access the coop, feed storage
and waste storage areas of the operation to determine compliance with
the provisions of this section.
F.
Penalty.
(1)
Compliance. Any permit holder found in violation of this section and/or § 245-18, Prohibited acts; declaration of a public nuisance, by the Zoning Administrator or the Building Inspector shall be provided a warning notices of compliance. If three warning notice of compliance are issued within any twelve-month period, the permit shall be immediately revoked. Reissuance of any revoked permit is subject to a public hearing and Village Board approval.
G.
Revocation. An annual chicken permit is not a permitted use or conditional
use of zoning. A permit cannot be transferred to another person or
location. Any annual chicken permit may be revoked at any time without
further notice or recourse to protect the peace and good order of
the Village.
[Amended 7-8-2003 by Ord. No. 20-03]
No person shall permit any horses, mules, donkeys,
ponies, cattle, sheep, goats, swine, rabbits, chickens, geese, ducks,
or turkeys of which he is the owner, caretaker or custodian to be
at large within the Village of Johnson Creek. Any such creature shall
be deemed to be at large when it shall be off the premises owned or
rented by its owner and unaccompanied by the owner or an agent or
employee of the owner.
No manure shall be dumped or left on any street,
alley or sidewalk or on any open area or lot in any inhabited portion
of the Village, nor shall any manure be used to grade in whole or
in part any sidewalk, street, open area or lot in said section, unless
said manure is completely covered with at least four inches of dirt.
[Amended 7-8-2003 by Ord. No. 20-03]
Any person who shall violate any of the provisions of this article, whether any such animal or fowl shall be off his premises with or without his knowledge, or with or without his fault or negligence, or who shall refuse or neglect to carry out any order or regulation made pursuant to this article shall be subject to a forfeiture as provided in Chapter 60, Penalties, and the costs of prosecution, and in default of payment of the forfeiture and costs of prosecution shall be imprisoned until said forfeiture and the costs of prosecution are paid, but not to exceed 10 days. Each day's violation of the provisions of this article shall constitute a separate offense.
