City of Park Falls, WI Chapter 178 Animals

[HISTORY: Adopted by the Common Council of the City of Park Falls as Title 7, Ch. 1 and Sec. 11-6-10 of the 1997 Code. Amendments noted where applicable.]

§ 178-1 Definitions.

A. [1]Definitions. In this chapter, unless the context or subject matter otherwise require:

ANIMAL

Mammals, reptiles and birds.

AT LARGE

To be off the premises of the owner and not under the control of some person by leash, 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.

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

CAT

Any feline, regardless of age or sex.

CRUEL

Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.

DOG

Any canine, regardless of age or sex.

FARM ANIMAL

Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.

LAW ENFORCEMENT OFFICER

Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.

NEUTERED

As used herein as describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.

OWNER

Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this section.

PET

An animal kept and treated as a pet.

[1] Editor's Note: Original Subsection (a), License required, of the 1997 Code, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 178-3A.

§ 178-2 Rabies vaccination required.

A. Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within 30 days after the dog or cat reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the City of Park Falls after the dog or cat has reached four months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the City unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within two years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.

B. Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the City stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services and the City.

C. Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first.

D. Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.

E. Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog during competition or to a dog or cat securely confined indoors. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog or cat which is not required to be vaccinated under Subsection A.

F. Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.

G. Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.

§ 178-3 Issuance of dog and kennel licenses.

A. Dog licenses.

(1) It shall be unlawful for any person in the City of Park Falls to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.

(2) The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

(3) The minimum license tax under this section shall be $2 for spayed females or neutered males. The minimum fee for unspayed or unneutered animals shall be $5. These amounts shall be reduced by 1/2 if the animal became five months of age after July 1 during the license year. The license year shall commence January 1 and end December 31.

(4) Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 178-2 of this chapter, the City Clerk or Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The City Clerk or Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

(5) The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 178-2E.

(6) The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any City police or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

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

B. Kennel licenses.

(1) Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $30 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and, if required by the Common Council, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the City Clerk or Treasurer shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be established in locations following issuance of a conditional use permit pursuant to the City Zoning Code.

(2) The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a show dog during competition or to a dog securely confined indoors. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is on leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

(3) A condition of a kennel license shall be that the licensed premises may be entered and inspected at any reasonable hour by the City Health Officer without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any kennel be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to City ordinances.

§ 178-4 Late fees.

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

The City Clerk or Treasurer shall assess and collect a late fee in an amount as set from time to time by the Common Council from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.

§ 178-5 Rabies quarantine.

A. Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the City shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The City Clerk or Treasurer shall promptly post in at least three public places in the City notices of quarantine.

B. Exemption of vaccinated dog or cat from City quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

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

(1) Quarantine or sacrifice of dog or cat. An animal control or law enforcement officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

(2) Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.

D. Quarantine of dog or cat.

(1) Delivery to isolation facility or quarantine on premises of owner. An animal control or law enforcement officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

(2) Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

(3) Risk to animal health.

(a) If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

(b) If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

(4) Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

E. Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The State Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the City, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

F. Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the City, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

G. Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

§ 178-6 Restrictions on keeping of animals.

A. Restrictions. It shall be unlawful for any person within the City of Park Falls to own, harbor or keep any animal which:

(1) Habitually pursues any vehicle upon any public street, alley or highway in the City.

(2) Assaults or attacks any person, destroys any property, or kills, wounds or worries any domestic animal.

(3) 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.

(4) In the case of a dog, is unlicensed.

B. Nuisance animals. It shall be unlawful for any person knowingly to keep or harbor any animal, inclusive of a cat or dog, that habitually barks, howls, yelps or cries 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 animals are hereby declared to be a public nuisance. An animal is considered to be in violation of this section when two complaints are filed with or made to the Police Department within a twelve-month period.

C. Animals running at large.

(1) No person shall allow any animal, inclusive of a cat or dog, in their ownership or custody to run at large within the City. The owner or custodian of any animal shall keep the animal within the boundaries of land owned or rented by the owner or custodian of the animal in a manner that shall not interfere with the adjoining properties owners/tenants or the passing public by one of the following methods:

(a) Training the animal to remain within the confines of land owned or rented by the owner or custodian;

(b) Keeping the animal within the confines of land owned or rented by the owner or custodian of the animal by use of electronic device;

(c) Chaining/tying the animal within the confines of land owned or rented by the owner or custodian of the animal; or

(d) Keeping the animal within a pen/enclosure that is within the confines of land owned or rented by the owner or custodian of the animal. Any animal found outside the confines of land owned or rented by the owner or custodian of the animal, except as provided herein, shall be considered to be running at large and in violation of this chapter. Any animal running at large shall be seized and impounded by an animal control officer or law enforcement officer.

(2) A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it; or, when accompanied by a person having the animal under voice control/command, provided the animal is within the person's immediate field of vision and the person is out of doors with the animal.

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

E. Animal defecation. Any owner or person having custody of any animal shall not permit said animal to defecate on any ground, public street, alley, sidewalk, boulevard, park or other public grounds or any private property within the City, other than the premises of the owner or custodian of the animal, unless said defecation is removed immediately and disposed of in a proper manner.

§ 178-7 Impoundment of animals.

A. Animal control agency.

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

(2) The City of Park Falls does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this section.

B. Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any animal control or law enforcement officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of the City, assaults or attacks any person, is at large within the City, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding office must see or hear the violation of this section or have in his possession a signed statement of a complaining witness alleging the facts regarding the violation.

C. Claiming animal; dispose of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control offices the animal shall be impounded, the officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the City, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees. Possession of dogs or cats impounded under this section may be obtained by paying a fee in an amount as set from time to time by the Common Council to the City Clerk or Treasurer, plus the actual cost of boarding the animal for each day or fraction thereof the dog or cat has been so impounded. Owners of unlicensed dogs shall also obtain a dog license prior to release of an impounded animal. No animal shall be released from the pound without being properly licensed if so required by state law or City ordinance.

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

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

E. City not liable for impounding animals. The City 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.

§ 178-8 Animals restricted on public grounds and cemeteries.

A. No dog or cat shall be permitted in any public playground or public park within the City unless such dog or cat is entered in a contest or obedience class approved by the Common Council, is on a leash or under control or is confined in a vehicle. No dog or cat shall be permitted in any cemetery, athletic field or swimming area under any circumstances. Every dog specially trained to lead blind persons shall be exempt from this section.

B. No horses are permitted in City parks, cemetery and recreation areas.

§ 178-9 Duty of owner in cases of dog or cat bite.

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

§ 178-10 Injury to property by animals unlawful.

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 or urinate thereon.

§ 178-11 Vicious, dangerous dogs.

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

DANGEROUS DOG

(1) Any dog which, because of its aggressive nature, training or characteristic behavior, is capable of inflicting serious physical harm or death to humans, and which would constitute a danger to human life or property if it were not kept in the manner required by this section.

(2) Any dog which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property.

OWNER

Any person, firm, corporation, organization or department possessing, harboring or having the care or custody, whether temporarily or permanently, of a dog.

UNTAGGED ANIMALS

An animal is considered to be untagged if a valid license tag is not attached to a collar which is kept on the animal.

VICIOUS DOG

Any dog with a propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals; or any dog, which without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or any dog owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting, or any dog which has been found to be vicious by the circuit court in a trial or hearing upon a charge of harboring a vicious animal.

B. Vicious dogs. No person shall harbor, keep or maintain within the City limits of the City of Park Falls any vicious dog. Any dog alleged to be vicious by virtue of an attack upon a human being or domestic animal shall be impounded as directed by the City of Park Falls Police Department until disposition of the charge issued by citation. Moreover, the owner of any dog, found to be vicious in the trial of a charge of harboring a vicious dog, or by plea to such a charge, shall be prohibited from returning that dog to the City of Park Falls.

C. Dangerous dogs. Any person having knowledge which he or she believes constitutes probable cause to believe that another is harboring, keeping or maintaining a dangerous dog which is not registered with and licensed by the Price County Sheriff's Department in accordance with this section, shall file with the Park Falls Police Department a sworn affidavit setting forth the basis on which they believe the animal to be a dangerous dog, the name and address of the owner of the dog, and a description of the dog. The Police Department shall, upon receipt of such affidavit, inquire of the Price County Sheriff's Department if the dog is currently registered as a dangerous dog pursuant to this section within. If the dog is not registered, the Price County Sheriff's Department shall notify the Park Falls Police Department of this fact and the Park Falls Police Department shall serve notice upon the owner of the alleged dangerous dog, including the requirement that the owner shall bring the alleged dangerous dog to the veterinarian stated in the aforementioned notice for inspection to determine whether this dog is a dangerous dog by definition as set forth in this section.

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

D. Return of vicious dogs prohibited. No person shall return to or harbor within the City limits of the City of Park Falls a dog previously determined by the Price County Circuit Court to be a vicious dog. The disposition of such a dog shall be in accordance with this section.

E. Exception. No dog shall be declared to be a vicious dog if the injury or damage was sustained by a person who, at the time, was teasing, tormenting, abusing or assaulting the dog, or which dog was protecting its owner from attack by a human being. No dog shall be declared to be a dangerous dog if the proof of dangerousness concerns an incident where a person was teasing, tormenting, abusing or assaulting the dog, or which dog was protecting its owner from attack by a human being.

F. Registration.

(1) All owners of dangerous dogs shall, on or before June 1, 1994, and annually thereafter on or before April 15th of each year, register their dog and shall provide a current color photograph of the dog with the Price County Sheriff's Department and pay a registration fee of $15 for spayed/neutered dogs or $20 for dogs that are not spayed/neutered. At the time of registration, each owner of any dangerous dog kept within the City limits of the City of Park Falls shall provide to the City Clerk's office proof of liability insurance in the amount of at least $100,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such dog. Such insurance shall name the City as co-insured solely for the purpose of notice of cancellation of the policy.

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

(2) An owner of a dangerous dog who fails to register his/her dog is subject to a forfeiture of not less than $100 nor more than $250 per day.[1]

[1] Editor's Note: Original Sec. 7-1-11F(3) and (4) of the 1997 Code, which regarded owners neglecting to have dangerous dogs wearing collars and the removal of collars from dangerous dogs, respectively, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Requirements of dangerous dogs.

(1) While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of five feet by 10 feet and must have secure sides and a secure top. 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 dog.

(2) The owner or keeper shall display a sign on his or her premises facing out from all sides of the premises warning that there is a dangerous dog on the property. This sign should be visible and capable of being read from a public highway or thoroughfare or within 20 feet of its placement. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.

(3) A dangerous dog may be off the owner's premises if it is muzzled and restrained by an approved lead or chain not exceeding three feet in length and is under the control of an adult, able-bodied person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(4) The provisions of this section regarding dangerous and vicious dogs shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.

H. Apprehension and impoundment.

(1) [2]It shall be the duty of the Park Falls Police Department and such other persons, as from time to time may be designated by resolution of the Common Council, to apprehend any dangerous dogs running at large. Any dangerous dog found running at large shall be impounded and returned to its owner only upon proof of registration as a dangerous dog. A police office may shoot a dog if the dog attacks the officer or approaches the officer in a menacing fashion so that the officer believes that the dog is about to attack him/her.

[2] Editor's Note: Original Sec. 7-1-11(h)(1) of the 1997 Code, which regarded the apprehension of unlicensed dogs, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) In any event, when a dog is impounded, the impounding authority shall give notice to the owners of the impoundment and advise the owners whether and under what circumstances the dog may be redeemed. The owner of any animal impounded, confined or destroyed pursuant to the terms of this section shall be responsible for all costs of such confinement, impoundment or destruction.

I. Removal of dog pending litigation. Whenever any person is charged with harboring a vicious dog as defined in this section, that person shall, to the satisfaction of the court, remove said dog from the City of Park Falls until the trial of the citation. If the owner fails to remove the dog within 48 hours of the service of the citation, the Park Falls Police Department shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog provided by this section, it shall not be returned to the City of Park Falls. Any dog returned to the City of Park Falls after being determined to be a vicious dog constitutes a public nuisance as pursuant to § 334-5 of the City of Park Falls Code of Ordinances.

J. License required. All dogs shall be licensed as provided in § 178-3A of the City of Park Falls Code of Ordinances.

K. Violations. Every day that a violation of this section continues, it 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.

§ 178-12 Prohibited, protected animals and insects.

A. Protected animals.

(1) Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the City any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (Thalarctos maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), or 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 (Lepidochelys kempi).

(2) Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

(3) Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

B. Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.

C. Wild animals; prohibition on keeping. Except for state-licensed game farms, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the City any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or harbor within the City any of the following animals, reptiles or insects:

(1) All poisonous animals and reptiles including rear-fan snakes.

(2) Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).

(3) Baboons (Papoi, Mandrillus).

(4) Bears (Ursidae).

(5) Bison (Bison).

(6) Cheetahs (Acinonyx jubatus).

(7) Crocodilians (Crocodilia), 30 inches in length or more.

(8) Constrictor snakes six feet in length or more.

(9) Coyotes (Canis latrans).

(10) Game cocks and other fighting birds.

(11) Hyenas (Hyaenidae).

(12) Jaguars (Panthera onca).

(13) Leopards (Panthera pardus).

(14) Lions (Panthera leo).

(15) Lynxes (Lynx).

(16) Ostriches (Struthio), emus (Dromiceius) and similar-type birds and/or birds that may attain a height of three feet or more.

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

(18) Sharks (class Chondrichthyes).

(19) Snow leopards (Panthera uncla).

(20) Tigers (Panthera tigris).

(21) Wolves (Canis lupus).

(22) Poisonous insects.

D. Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a state-licensed game farm; a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; zoological gardens; if:

(1) Their location conforms to the provisions of Chapter 480, Zoning.

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

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

E. Keeping of domestic animals. Except in properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens, poultry or any animal raised for fur-bearing purposes shall not be kept in the City unless otherwise permitted elsewhere in this Code.[1]

[1] Editor's Note: Original Secs. 7-1-13, Sale of rabbits, chicks or artificially colored animals, 7-1-14, Providing proper food and drink to confined animals, and 7-1-15, Providing proper shelter, of the 1997 Code, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now Ch. 354, Peace and Good Order.

§ 178-13 Neglected or abandoned animals.

A. Neglected or abandoned animals.

(1) No person may abandon any animal.

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

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

(4) Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

(5) Sections 948.16, Investigation of Cruelty Complaints, and 948.17, Wis. Stats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.

B. Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the City or any animal control agency with whom the City 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.

§ 178-14 Cruelty to animals and birds unlawful.

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

Acts of cruelty, prohibited. No person except a police officer in the pursuit of his duties shall, within the City, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.

§ 178-15 Limitation on number of dogs and cats.

A. Purpose. The keeping of a large number of dogs and cats within the City for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.

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

FAMILY

One or more persons.

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

RESIDENTIAL LOT

[1]A residential lot means a parcel of land zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.

[1] Editor's Note: The original definition of "dog" of the 1997 Code, which immediately preceded this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 178-1B.

C. Number limited.

(1) No family shall own, harbor or keep in its possession more than three dogs and three cats on any residential lot without the prior approval of the Common Council except that a litter of pups or a portion of a litter may be kept for not more than 12 weeks from birth. If more than one family resides on a residential lot, then only a total of three dogs and three cats shall be allowed on the residential lot unless the prior approval is obtained from the Common Council. Persons may keep more than three dogs and three cats only if they have first received a kennel license and a conditional use permit pursuant to Chapter 480, Zoning.

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

(2) The above requirement may be waived with the approval of the Common Council or when a kennel license has been issued by the City. Such application for waiver shall first be made to the City Clerk or Treasurer who shall forward the request to the animal control officer. After review, the animal control officer shall make a recommendation to the Common Council prior to Council action on the matter.

§ 178-16 Animal feces control.

It shall be unlawful for any person to cause or permit any animal, specifically including, but not limited to, dogs, horses, and cats, to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. Any person causing or permitting a dog, horse, or cat to be on property not owned or possessed by such person shall immediate remove all excrement of such dog, horse, or cat to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.

§ 178-17 Keeping of chickens.

A. Purpose. The purpose of this section is to allow residents to keep chickens, while providing for and ensuring the health and overall well-being of the surrounding neighborhood.

B. Permit required. No person shall keep chickens in the City without obtaining a valid permit issued by the Building Inspector and approved by the Board of Public Works. The permit process requires a completed application accompanied by the fee as determined by the City Common Council. A detailed site plan must be provided to the Board of Public Works with the application. The Board of Public Works can, in its absolute discretion, deny a permit for any reason, including based on the aesthetic nature of the proposed permit. The Building Inspector shall provide proof of yearly inspection of the property that the permit has been issued to the Board of Public Works. The permit shall be valid for one year and shall expire December 31 of each year. A new permit must be reissued annually and a new fee paid with each application; the reapplication fee shall be determined by the City Common Council. A late fee shall be determined by the City Common Council. Any resident who is currently keeping chickens shall have until January 1, 2019, to come into compliance with this section. If compliance is not met, the Board of Public Works may order the complete removal of all chicken coops, enclosures, or fenced-in areas.

C. Neighborhood approval required. Before a permit is issued for the keeping of chickens, the Building Inspector shall notify owners and occupants of each abutting property where the chickens will be kept, whether directly or diagonally abutting or across from an alley, in writing, of the applicant's intention to apply for such a permit. If any owner or occupant protests the letter within 10 business days, the permit may only be issued by the Board of Public Works upon written request from the applicant. Upon written request from the applicant, the Board of Public Works shall consider the application, providing notice to both the applicant and the objecting owner(s)/occupant(s) at least five days before such consideration. Renewal of permit shall not require neighborhood approval as set forth herein.

D. Keeping of chickens allowed. The keeping of up to four chickens, with a permit, is allowed on a single-family residential, nonleased/rental premises, provided the following conditions are complied with:

(1) No person shall keep a rooster.

(2) No person shall slaughter any chicken.

(3) Chickens shall be provided with fresh water at all times and adequate amounts of feed.

(4) Chickens shall be provided with a sanitary and adequately sized enclosure or coop, and shall be kept in an enclosure or a sanitary, adequately-sized, and accessible fenced enclosure at all times.

(5) Chicken coops shall be constructed in a workmanlike manner, be moisture-resistant and either raised off the ground or placed on a hard surface such as concrete, patio block, or gravel.

(6) Chicken coops and enclosures shall be constructed and maintained to prevent the collection of standing water, and shall be cleaned of droppings, uneaten food, feathers, and other waste daily and as necessary to ensure that the coop and yard area do not become a health, odor, or other nuisance.

(7) Chicken coops, enclosures, and yards, when considered together, shall be large enough to provide 16 square feet per chicken. The total area devoted to keeping chickens may not exceed 100 square feet.

(8) No part of any enclosure shall be located closer than 25 feet from any residential dwelling on an adjoining lot. No part of any enclosure or fenced area may be located closer than five feet from any lot line. No part of any enclosure or fenced area shall be located nearer than 25 feet from any navigable waterway.

(9) No enclosure or fenced area may be located in the required front yard area of a lot.

(10) No one may keep any chickens in a manner that causes a nuisance, unhealthy condition, or a public health threat.

(11) No part of any chicken coop, enclosure, or fenced in area may be located on a parcel without a primary structure.

E. Permit revocation. A permit is subject to revocation by the Board of Public Works upon written recommendation of the Building Inspector. Upon such recommendation, the Board of Public Works shall notify the permit holder in writing at least five days in advance of the meeting at which the revocation is to be considered. Once a permit is revoked, it shall not be reissued for a period of at least two years. Upon the written recommendation of the Building Inspector, the Common Council may order the complete removal of all associated chicken coops, enclosures, and fenced in areas. If the owner does not remove all associated chicken related coops, enclosures, and fenced areas within 30 days of an order of removal, the City may remove all such items, and the costs associated with this removal be assessed on the property owners tax bill, as special charges.

§ 178-18 Violations and penalties. [1]

A. Any person violating §§ 178-13, 178-14, 178-15, 178-16 or 178-17 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the City Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.

B. Penalties for violations of 178-1 through 178-5.

(1) Anyone who violated §§ 178-1, 178-2, 178-3, 178-4 and 178-5 of this Code of Ordinances or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses.

(2) An owner who refuses to comply with an order issued under § 178-5 to deliver an animal to an officer isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000 and, upon failure to pay such forfeiture, imprisonment for not more than 60 days.

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

C. Any person who violates §§ 178-6 through 178-12 of this Code of Ordinances shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations.

[1] Editor's Note: See also §§ 178-11F(2) and 178-19D.

§ 178-19 Feeding of deer unlawful.

A. It shall be unlawful for any person to place any feed such as salt, minerals, grain, fruit, vegetable material, sunflower seeds, deer suckers, or any other type of feed, on any public or private property for the purposes of enticing whitetail deer into any specific area of anyone's property in the City of Park Falls except as provided in Subsection C herein.

B. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding whitetail deer:

(1) The placement of salt, minerals, grain, fruit, vegetable material, sunflower seeds, or deer suckers in an aggregate quantity of greater than 1/2 gallon at the height of less than six feet off the ground.

(2) The placement of salt, minerals, grain, fruit, vegetable material, sunflower seeds, or deer suckers in an aggregate quantity of greater than one-half gallon in a drop feeder, automatic feeder or similar device regardless of the height of the salt, minerals, grain, fruit, vegetable material, sunflower seeds, or deer suckers.

C. This section shall not apply to the following situations:

(1) The placement of bait for the purpose of hunting whitetail deer subject to all other laws, ordinances, rules and regulations governing hunting and the discharge of hunting weapons.

(2) Naturally growing grain, fruit or vegetable material, including gardens and residue from lawns, or gardens and other vegetable materials maintained as a mulch or compost pile.

(3) Unmodified commercially purchased bird feeders or their equivalent.

(4) Deer feeding may be authorized on a temporary basis by the Common Council for specific public purposes determined by the Common Council.

D. Any person who violates any provision of this section shall first be issued a warning. Any person who violates any provision of this section after being issued a warning shall be fined $100 plus penalty assessments and costs.