City of St. Francis, WI Animals

No person shall keep swine, cattle, sheep or goats within the City. Horses may be kept after the owner receives a special permit from the Common Council after recommendation of the Board of Health.

The Health Officer/Public Health Administrator shall have the power to prohibit the keeping of any animal or fowl in any place, location or manner which in his judgment would constitute a health nuisance or be in violation of Subsection B(1).

Animal litter.

Prohibited. It is unlawful for the owner or person in charge of an animal to permit fecal matter which is deposited by such animal while off its own premises to remain on any street, alley, sidewalk, lawn, field or any property, and it shall be solely the responsibility of such owner or person in charge of said animal to immediately after deposit remove all fecal matter by shovel, scoop or like instrument and deposit said fecal matter in a manner approved by the state or other local regulations. Further, the owner, tenant or person in charge of property, or the owner of animals that deposit such on private property, shall keep property clear of fecal matter.

Complaints. Any person who complains about owner negligence of such cleanup may file a complaint with the Police Department or Health Department. The Department shall notify the offending party in writing of the alleged violation and the provisions of this section. If a complainant again observes the owner violating these provisions, the complainant may submit a written petition to the Police Department or Health Department for commencement of prosecution. The petition shall contain:

[Amended 7-1-2008 by Ord. No. 1259]

Name and address of complainant.

Description of animal.

Address of owner.

(d)

Dates and times of violations.

(e)

Date reported to the Police Department.

(f)

Statement that the petitioner is willing to sign a complaint and testify in court.

Annoying or rabid dogs.

[Amended 7-1-2008 by Ord. No. 1259; 3-15-2022 by Ord. No. 1489]

It shall be unlawful to own, harbor or keep any dog which habitually barks, howls, or yelps, or which causes serious annoyance to the neighborhood or to persons passing to and from the street.

Any person who shall have in his or her possession a dog which has contracted rabies or which has been subjected to the same, or which is suspected of having rabies, or which shall have bitten any person, shall upon, demand of any member of the Common Council, Police Department or Milwaukee Area Domestic Animal Control Center, produce and surrender up such dog to the Milwaukee Area Domestic Animal Control Center, to be held for observation and treatment.

Animals on school property. No person shall bring, permit or allow any animal, whether a pet or otherwise, on school property, on school days, during school hours or one hour before or one hour after school hours, except with the express permission of a school employee for school purposes.

§ 180-2 Rabies control. [1]

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

ISOLATION FACILITY

A humane society shelter, veterinary hospital, municipal pound or other place specified by an officer which is equipped with a pen or cage which isolates an animal from contact with other animals.

OFFICER

A peace officer, full-time health officer, humane officer, warden, and employee designated by the City or any other person designated by the City.

OWNER

A person who owns, harbors, keeps or controls an animal.

PEACE OFFICER

Has the meaning designated in § 939.22(22), Wis. Stats.

VETERINARIAN

Has the meaning designated under § 453.02(7), Wis. Stats.

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

An officer shall order an animal 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 may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

An 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. Any domestic animal that is bitten or scratched by a bat or by a wild, carnivorous mammal that is not available for testing is presumed to have been exposed to a rabid animal.

Health risk to humans. If an animal 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. The officer shall determine the name, address and telephone number of the veterinarian the owner of the animal will be contacting for compliance with this section. This information shall become a part of the written report prepared by the officer. 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. The owner of the animal shall furnish the police officer a certificate or letter from the attending veterinarian indicating the animal's health status following the animal's last visit.

Health risk to animals.

If an animal 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 days and 165 days after the exposure to a rabid animal.

If an animal is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the animal 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.

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

Delivery of carcass. 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, 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 of exposure to any rabies virus.

Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved by an officer is encouraged to cooperate in a professional capacity with the City and, if the animal is suspected to have bitten a person, the person's physician. Such veterinarian shall be compensated for his services by the City.

Editor's Note: See also § 262-49, Animal quarantine.

§ 180-3 Care of animals.

Cruelty.

No person may cause, allow or himself cruelly beat, frighten, overburden, neglect or abuse any animal or bird or use any device or chemical substance by which pain, suffering or death may result, whether the animal belongs to the person or another, except that reasonable force may be used to drive off vicious or trespassing animals.

No person shall abandon or transport any animal or bird in a cruel manner.

Food and water. No person owning or having custody of any animal or bird may neglect or fail to provide it with necessary nourishing food at least once daily and provide a constant supply of clean water to sustain the animal or bird in good health.

Shelter.

No person may fail to provide any animal or bird in his or her charge with shelter from inclement weather to ensure the protection and comfort of the animal or bird.

When sunlight is likely to cause overheating or discomfort to any animal or bird, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun but still allow air to pass to keep the animal cool.

Dogs and cats kept outdoors for more than one hour at a time shall be provided with moistureproof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. Whenever the outdoor temperature is below 40° F., clean, dry bedding material in quantity and type approved by a duly appointed humane society officer shall be provided in such shelters for insulation and to retain the body heat of the animal. Automobiles shall not be used as animal shelters.

Area to be kept clean. Any area where an animal is housed or allowed to remain shall be kept clean of feces, animal waste, and other substances in order to keep the animal healthy and comfortable.

Leashes. Chains, ropes or leashes shall be placed or attached so that they cannot be entangled with another animal or object and shall be of sufficient length in proportion to the size of the animal to allow the animal proper exercise and convenient access to food, water and shelter. A leash shall be located so as not to allow an animal to trespass on public or private property nor in such a manner as to cause harm or danger to persons or other animals. A leash shall be located so as not to allow the animal to jump over an obstacle where the leash can become entangled and the animal choke.

Enforcement. The Police Department, Health Department or humane society may enforce any provision of this section.

Animal removal. The Police Department, Health Department or humane society may confiscate and remove animals from a premises for violation of any part of this section. Animals removed because of such action may be stored or disposed of in a humane manner by the Health Department, humane society or its designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction is not required.

Exception. This section does not apply to the extermination of rats, mice or other vermin.

§ 180-4 Dogs and cat licensing and regulation.

License required. Every person residing in the City who owns a dog or cat more than five months of age on January 1 of any year shall annually, at the time and in the manner prescribed by law for the payment of personal property taxes, obtain a license therefor.

Fees.

[Amended 8-5-2014 by Ord. No. 1367]

Such owner shall pay to the City a fee as provided by the current fee schedule on file with the City Clerk. Such fee shall be paid by April 1 of each year. After such date fees shall double. Such license shall also be obtained within 30 days of acquiring ownership of a licensable animal or within 30 days of the animal reaching licensable age. If beyond such thirty-day period, the above late fees shall be applied. The Milwaukee County Clerk shall be responsible for the administration of the program and shall provide tags and licenses according to the law. Dogs or cats obtained after July 1 shall be licensed at half cost per license. The license year shall commence on January 1 and end the following December 31.

Notwithstanding the provisions of Subsection B(1), at the request of the Milwaukee Area Domestic Animal Control Commission, the Common Council may from time to time declare periods of amnesty and waiver for late fee penalties imposed under this section for dog and cat licenses. Such periods of amnesty and the terms thereof may be established by vote of the Common Council upon a finding that such period(s) is likely to have the effect of increasing compliance with one or more provisions of this chapter.

Issuance of license. Upon receipt of the required fee and exhibition of the certificate required by Subsection F, the City Clerk shall issue to such person a license to keep such dog or cat for one year. Such person shall, upon procuring the license, place upon the animal a collar with a tag furnished to him by the City Clerk or the County Clerk.

State regulations. Chapter 174, Wis. Stats., shall apply so far as applicable.

Dogs and cats not to run at large. No owner or other person in control or having custody of a dog or cat shall allow the same to run at large within the City unless accompanied by and under the control of the owner or keeper.

Certificate of inoculation required. No license shall be issued hereunder for any dog or cat unless the applicant exhibits a certificate of a qualified veterinarian showing that the animal has been inoculated for rabies and distemper within two years prior to application.

Unlicensed dogs or cats to be impounded; dog or cat without a collar presumed to be unlicensed.

The fact that a dog or cat is without a license attached to a collar shall be presumptive evidence that the dog or cat is unlicensed. No action shall be maintained for an injury to or the destruction of a dog or cat without a tag unless it appears affirmatively that the dog or cat is duly licensed and that a tag had been properly attached to the collar of the dog or cat and had been lost or removed without the knowledge or consent of the owner, or that the dog or cat is not required to be licensed. The Police Department shall seize, impound or restrain any dog or cat for the keeping of which no license has been issued and for which one is required or seize, impound or restrain any dog or cat found running at large and any such officer may enter the premises of the owner to seize such dog or cat.

It shall be unlawful for any person to harbor or permit to remain about his premises any dog or cat for which no license exists and for which one is required. Any person who shall kill a dog or cat not his own or not in his keeping shall forthwith report such fact to the City Police Department. Such report shall state the name and address of the person who killed the animal, the time, place and circumstances of such killing, and the disposition made of the carcass. Any person who shall have seized or impounded a dog or cat with or without license shall deliver such animal to the Police Department. The Department shall retain such animal for a reasonable time and attempt to contact the owner, if readily ascertainable. If the animal is not claimed in such time, the Police Department shall surrender the animal to the local humane society or other facility for safekeeping or disposal.

Limitation of animals. No person or household shall keep or harbor more than the following number of dogs and cats of licensable age in, on or about any single-family residence or residential dwelling unit in the City of St. Francis:

[Amended 2-22-2017 by Ord. No. 1405]

Two dogs and two cats required to be licensed under this section; or

Three dogs required to be licensed; or

Three cats required to be licensed.

Exemption of dogs for the blind. Every dog specially trained to lead blind persons shall be exempt from the dog license tax, and every person owning such a dog shall annually receive a free dog license, upon application therefor.

Annual survey. The City shall annually ascertain by diligent survey the dogs and cats owned or kept within the City. Every person shall answer frankly and fully all questions asked by the City Clerk or designee relative to the ownership or keeping of such pets within the City. The City Clerk or his designee shall enter in the records for personal property assessments all dogs and cats in the City subject to tax, to whom they are assessed, the name, number, sex, spayed or unspayed, neutered or unneutered, breed and color of each such dog or cat. The City Clerk shall make in triplicate a list of the owners of all dogs or cats assessed. Dog and cat licenses need not be entered on any assessment or tax roll other than the lists prepared by the City Clerk.

Enforcement. The Police Department shall be responsible for the apprehension and confinement of dogs as herein provided, and such Department shall apprehend and confine dogs as provided in this section and may enforce this section, including the right to commence actions for the collection of any forfeiture imposed by this article. Such action shall be brought in the name of the City. The Department shall be paid compensation, as the Council shall determine by resolution.

§ 180-5 Dangerous and vicious dogs, unlicensed dogs, animals running at large.

[Amended 8-4-2020 by Ord. No. 1468]

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

ANIMAL RUNNING AT LARGE

An animal shall be deemed to be running at large when it is permitted to run off of the premises of the owner or keeper when it is not accompanied by a person having said animal under control on a leash.

DANGEROUS DOG

Any dog which, when unprovoked, chases or approaches a person or animal on public or private property in a manner that a reasonable person would conclude to be an apparent attack on such person or animal.

Any individual dog which has a trait or characteristic and a generally known reputation for dangerousness or unprovoked attacks upon human beings or domestic animals.

Any individual dog with a known propensity or tendency to bite, attack, cause injury or otherwise endanger the safety of a human being or domestic animal.

Any dog that has been declared dangerous by any agency or department of another municipality, county or state.

Exceptions.

No dog shall be deemed "dangerous" based solely upon attacking or menacing any person or domestic animal in order to:

Defend its owner, caretaker, or another person or animal, its young or its food from a trespasser or an attack by a person or animal;

Defend itself against any person, animal or trespasser that has provoked, tormented or abused it; or

If it is a professionally trained dog for law enforcement or guard duties, acting in the capacity for which it was trained.

No dog shall be deemed "dangerous" merely by virtue of being part of any specific breed(s).

DOMESTIC ANIMAL

Includes cats, dogs, ferrets, gerbils, hamsters and domesticated rabbits.

OWNER

Any person, firm, corporation, organization or department owning, possessing, harboring or having the care or custody, whether temporarily or permanently, of a domestic animal. The owner or occupant of any premises on which a domestic animal remains or to which it customarily returns shall be presumed to be harboring, sheltering or keeping such domestic animal.

SERIOUS INJURY

Any physical injury to a person that results in a major fracture, muscle tears, disfiguring lacerations or wounds, or requires multiple sutures or corrective or cosmetic surgery.

TRESPASSER

A person who is not the animal's owner and does not cohabitate or reside with the owner and who enters the owner's property without consent.

UNTAGGED ANIMAL

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 individual dog that fits into one or more of the following categories:

Any individual dog that, when unprovoked causes injury to a human being that does not fall within the definition of a serious injury;

Any individual dog that, while off its owner's or keeper's premises, attacks and injures a domestic animal;

Any individual dog with a known history or disposition to bite, attack, cause injury to or otherwise endanger the safety of a human being or domestic animal;

Any individual dog that has a trait or characteristic and a generally known reputation for viciousness or unprovoked attacks upon human beings or other domestic animals;

Any individual dog that has been found to be a "dangerous dog" upon two separate occasions; or

Any individual dog that has been declared vicious by any agency or department of another municipality, county or state.

Exceptions.

No dog shall be deemed "vicious" based solely upon biting, attacking, or menacing any person or domestic animal in order to:

Defend its owner caretaker, or another person or animal, its young or its food from a trespasser or an attack by a person or animal; or

Defend itself against any person, animal or trespasser that has provoked, tormented or abused it.

No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties, acting in the capacity for which it was trained.

No dog shall be deemed "vicious" solely by virtue of its classification within a specific breed.

Regulations concerning dangerous or vicious dogs.

Vicious dogs.

Prohibited. No person shall harbor, keep or maintain any dog within the City of St. Francis that has been determined to be a vicious dog by the Health Department.

Impounding.

Whenever any dog is determined to be a vicious dog, the owner or person having custody of the dog shall, at the discretion of the Health Department, either surrender the dog for impoundment or remove the dog from the City of St. Francis. If the owner fails to surrender the dog or to remove the dog as directed by the Health Department, in addition to any other action which may be taken, the St. Francis Police Department shall obtain a search warrant for the dog and upon finding the dog shall impound the dog as directed by the Health Department.

Any dog alleged to be vicious by virtue of an attack upon a human being or a domestic animal shall be impounded as directed by the Health Department until a determination has been made by the Circuit Court of Milwaukee County whether the dog should be killed. In the event the Health Department is satisfied that the owner has made adequate arrangements to insure the safety of the community and that the dog will be accessible in the event the Court orders it killed, the Health Department may accept an alternative to impoundment which will, at a minimum, include notice of where the animal is being kept and with whom the animal is being kept and what security measures have been taken to insure the animal is not a danger to people at its current location. In the event the animal is removed from the City, the owner shall provide the Health Department with the address where the animal is and the name of the person in charge of the animal. The Health Department shall inform the appropriate officials in the community where the animal has been moved.

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.

Petition for determination. Any person may petition the City Health Department to declare a dog to be a vicious dog. Upon receipt of the sworn statement of any person setting for the nature and date of the acts, the name and address of the owner and a description of the dog, the agent of the Health Department designated by the Health Department to handle vicious dog determinations of the City Code Enforcement Officer shall investigate the matter and if he/she determines that the dog in question is a vicious dog as defined in this section, he/she shall issue a written order to the owner requiring the owner to surrender the dog for impoundment or immediately and permanently remove the dog from the City. Any owner who objects to the determination of the Health Department agent or Code Enforcement Officer may appeal the determination to the Public Health Administrator or the Board of Health. Any such appeal shall not stay the order. Any person violating an order issued under this section shall be subject to a forfeiture of up to $1,000 plus court costs and assessments for each day of noncompliance with the order. A citation alleging a failure to comply with the order issued pursuant to this section may be issued by any employee designated by the Health Department, by any police officer, or by the City Code Enforcement Officer.

(d)

Removal from City. No dog which has been determined by the Health Department to be a vicious dog and which has been removed from the City may be returned to any place within the City at any time for any period of time.

(e)

Council authority. Whenever the Health Department or Police Department, in consultation with the City Attorney, deems it appropriate to seek a court order to kill a dog under § 174.02(3), Wis. Stats., it shall first obtain authorization to file such an action from the Common Council.

Dangerous dogs.

Restricted. No person shall keep or maintain a dangerous dog within the City of St. Francis except in full compliance with the provisions of this section.

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.

The owner or keeper of a dangerous dog 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 must 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.

A dangerous dog may be off the owner's premises only if it is muzzled and restrained by an approved lead or chain not exceeding three feet in length and is under the control, by leash, 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.

Any person may petition the City Health Department to declare a dog dangerous. Upon receipt of the sworn statement of any person setting forth the nature and date of the act, the name and address of the owner and a description of the dog, the agent of the Health Department designated by the Health Department to handle dangerous dog determinations or the City Code Enforcement Officer shall investigate the matter and if he/she determines that the dog in question is a dangerous dog as defined in this section, he/she shall issue a written order to the owner requiring the owner to comply with the dangerous dog provisions of this section or, in the alternative, remove the dog from the City. Any owner who objects to the determination of the Health Department agent or Code Enforcement Officer may appeal the determination to the Public Health Administrator or the Board of Health. Any such appeal shall not stay the order. A citation alleging a failure to comply with the order issued pursuant to this section may be issued by any employee designated by the Health Department, by any police officer or by the City Code Enforcement Officer.

All owners of dangerous dogs shall, on or before December 31 of each year, register their dog and shall provide a current color photograph of the dog with the City Clerk/Treasurer's office and pay a registration fee in an amount established by resolution of the Common Council.

Dog licensing.

All dogs shall be licensed as provided in § 180-4 of this article.

It shall be the duty of such persons as from time to time may be designated by resolution of the Common Council to apprehend any unlicensed dogs. The Police Department shall, whenever possible, see that such dogs are transferred to the Milwaukee Area Domestic Animal Control Facility (MADAC) at the earliest possible date where the dogs may be taken care of and reclaimed by the owner under the rules and regulations of said animal control facility. When the dog is impounded by the City before being transferred to MADAC, the owner reclaiming the dog shall be required to pay an amount as established by resolution of the Common Council to the City.

Running at large.

It shall be the duty of the 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.

The owner of any dog previously determined to be dangerous found running at large shall, upon conviction, pay a forfeiture of not less than $200 nor more than $1,000.

If the owner of a dog not a dog previously determined to be a dangerous dog negligently or otherwise permits the dog to run at large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses.

Violations and penalties. Where any provision of this section is violated and the violation precipitates impoundment of a dog, the owner shall pay all impoundment fees and, in addition:

Except where a different penalty is specifically provided for in this section, any person violating or committing violation of provisions of this section shall, upon conviction, be assessed a forfeiture of not less than $250 nor more than $1,000, plus costs and assessments.

Maintaining or keeping a vicious dog within the City limits of the City is hereby declared to be a public nuisance, and the Common Council may authorize commencement of action to abate such public nuisance in addition to proceeding with any penalty provided in this section.

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.

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.

§ 180-6 Kennels.

License required. No person shall maintain more than two dogs of licensable age in any residence or other establishment unless he shall first have obtained a kennel license from the City Clerk.

Definition. The term "kennel" shall mean any establishment where dogs are kept for the purpose of breeding, sale or sporting purposes or for keeping or boarding dogs of others.

Application and fee. Any person who keeps or operates a kennel may in lieu of the license tax for each dog required by § 180-4 apply to the City Clerk for a kennel license for the keeping or operating of such kennel. For such kennel he shall pay a license tax as provided by the current fee schedule on file with the City Clerk for the license year. With such kennel license the Clerk shall issue a number of tags equal to the number of dogs authorized to be kept in the kennel.

Regulations.

Records required. The City Clerk shall make in triplicate a list of the names of person owning and operating kennels and the number of dogs kept in each.

Kennel tags. Kennel license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The licensee of a kennel shall at all times keep one of such tags attached to the collar of each dog over five months old kept by him under a kennel license. Such tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. No dog bearing any tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless he is on a leash or temporarily out for the purposes of hunting, breeding, trial or show.

Where located. No person shall establish, operate or maintain a commercial kennel consisting of more than two dogs over five months of age within 500 feet of any church, school, hospital, sanitarium or building used wholly or partially for residence purposes in the City.

§ 180-7 Violations and penalties.

[Amended 7-1-2008 by Ord. No. 1259]

In addition to the suspension or revocation of a license issued under this article, any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code, except where another penalty is provided herein.

Article II Exotic and Other Animals [1]

[Adopted 4-19-2011 by Ord. No. 1301]

Editor’s Note: The title of this article was amended from "Exotic Animals" to "Exotic and Other Animals" 12-18-2012 by Ord. No. 1334.

§ 180-8 Exotic pet animals and keeping of animals.

Permit. Except as herein specifically provided, no person may keep any animal in or on any premises in the City of St. Francis without first obtaining a permit for the keeping of the animal. All permits issued under this section shall be issued by the City Health Department and no permit shall be issued to any person for any animal if, in the judgment of the City Health Administrator or designee, the animal or the keeping of the animal on the proposed premises poses a danger to the residents of the premises, the neighbors or the City residents generally. In determining whether to grant or deny a permit, the Health Inspector shall consider the number of animals currently kept on the premises, the size of the premises, the number of residents on the premises and nearby, the characteristics of the animal and all other matters relevant to a determination of the degree of danger, health risk, or nuisance posed by the animal. Any permit issued under this section shall only be issued on payment of the permit fee established by resolution of the Common Council and all permits shall expire on June 30 following the date on which the permit is issued and all renewals shall commence on July 1 of the year in which an application for renewal is approved.

Protected animals.

Possession and sale. It shall be unlawful for any person to possess with intent to sell or offer for sale, or buy or attempt to buy or procure, within the City any of the following animals, alive or dead, or any part of product thereof: All 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) and Mexican ridley turtle (lepidochelys kempi), or any species listed under Subsection D of this article.

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

Regulating the importation of certain birds. No person 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 B(3) shall not be construed to forbid or restrict the importation of 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.

Protected animals exceptions. The provisions of Subsection A of this section shall not be deemed to prevent the 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 collector's permit issued by the secretary of the state department of natural resources or other applicable legal permits, to any person or organization licensed to present a circus or to any other similarly situated entity holding federal or state permits.

Nondomesticated and/or wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the City any venomous/poisonous reptile or any other dangerous noncarnivorous or carnivorous nondomesticated and wild animal, insect or reptile, any vicious or dangerous domesticated and wild 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 their possession or under their control within the City any of the following animals, reptiles or insects:

All venomous/poisonous animals and reptiles.

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

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilia), capable of growing to 30 inches in length or more.

(8)

Constrictor snakes, capable of growing six feet in length or more.

(9)

Coyotes (Canis latrans).

(10)

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

(11)

Elephants (Elephas and Loxodonta).

(12)

Gamecocks and other fighting birds.

(13)

Hippopotami (Hippopotamidae).

(14)

Hyenas (Hyaenidae).

(15)

Jaguars (Panthera onca).

(16)

Leopards (Panthera pardus).

(17)

Lions (Panthera leo).

(18)

Lynxes (Lynx).

(19)

Monkeys, old world (Cercopithecidae).

(20)

Ostriches (Struthio).

(21)

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

(22)

Rhinoceroses (Rhinocero tidae).

(23)

Sharks (class Chondrichthyes).

(24)

Snow leopards (Panthera uncia).

(25)

Tigers (Panthera tigris).

(26)

Wolves (Canis lupus).

(27)

Squirrels of flying or nonflying variety.

(28)

Poisonous insects.

(29)

Bees with four or more hives.

(30)

Wasps and hornets.

(31)

Pigs, to include pot-bellied pigs capable of growing to 15 pounds or more whether designated as miniature or not.

(32)

Snapping turtles.

Nondomesticated/wild animals; exceptions to prohibition on keeping. The prohibitions of Subsection C of this section shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens or other similarly situated entities with legal federal or state permits that are consistent with the St. Francis Code of Ordinance governing such animal if:

Their location conforms to the provisions of the zoning ordinance of the City.[1]

Editor's Note: See Ch. 455, Zoning.

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

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

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

No food establishment is located within 100 feet of the quarters in which the animals are kept.

Keeping of animals and birds.

Horses, swine, cattle, etc. No person, except a permitted slaughterhouse or meat packer, shall keep horses, swine, cattle, sheep or goats in the City, except horses for riding may be kept upon special permit of the City Council after recommendation by the Board of Health.

Selling poultry; dyed baby chicks. No person shall display, give, or sell dyed, colored or artificially treated baby chicks or ducklings as pets or novelties. No person shall sell, give away or distribute live chicks, ducklings, goslings, poultry or any other young of the poultry family to be used as pets or novelties.

Commercial purposes. No person shall conduct for commercial purposes any establishment in which dogs, cats, hares, rabbits, guinea pigs, rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons, parrots of any species, game birds or any species, are kept and maintained in the commercial or industrial districts without first obtaining from the Department of Public Health a permit so to do.

Giving away animals as prizes prohibited. No person while in the City shall raffle, sell, or give away any live animal, bird or reptile:

[Added 12-18-2012 by Ord. No. 1334]

As a novelty, prize or premium as an inducement to enter a place of amusement; or

As an incentive to enter into any business establishment or to enter into any business agreement or transaction; provided, however, that this Subsection F(4)(b) shall not be construed to apply to any establishment in the City that sells animals at retail as a primary business or to any entity organized and existing for the purpose of the medical and/or humane treatment of animals.

Keeping of chickens.

[Added 7-21-2020 by Ord. No. 1466; amended 10-6-2020 by Ord. No. 1470]

Definitions: the following terms, when used in this section, shall have the meanings set forth below:

ADJACENT PROPERTY

Any property to the side, rear or front of any other property, excluding any property across a street or alley.

CHICKEN

A domestic chicken of the subspecies Gallus gallus domesticus.

COOP

An enclosed coop or open coop as defined in this section.

ENCLOSED COOP

A covered, predator- and vermin-resistant, well-ventilated, wired for an electrical heat source, new or existing accessory structure providing a minimum of two square feet per chicken, up to a maximum of 40 square feet for any coop, inclusive of the enclosed run, designed or modified for keeping of chickens where the chicken is not visible from the outside of the structure.

KEEP

Either the owning, keeping, possessing or harboring of any live chicken(s).

OCCUPIED STRUCTURE

A residential dwelling or other building intended and used for human habitation.

OPEN COOP

A covered, predator- and vermin-resistant, well-ventilated, wired for an electrical heat source, new or existing accessory structure providing a minimum of two square feet per chicken, to a maximum of 40 square feet for any coop, including any enclosed run designed or modified for the keeping of chickens where the chicken is visible from outside the structure.

PERMIT

A privilege to allow a chicken or chickens to be kept on the licensed premises.

ROOSTER

A male chicken of any age, including a capon or otherwise neutered male chicken.

Annual chicken permit, building permit required. No person shall keep any chicken(s) within the City without first obtaining, and thereafter maintaining, a chicken permit hereunder, and no person shall construct any coop without first obtaining a building permit under § 198-3 of the Code.

Fee. An application fee, as determined by the current fee schedule on file with the City Clerk, shall be paid to the City by the applicant when the application is filed.

Zoning. A permit for the keeping of a chicken or chickens may only be issued for property used for a single-family or two-family dwelling unit located within a residential zoned district.

Application. The application for a chicken permit shall be made using such forms as required by the City, and such application shall be submitted together with the application fee and all of the following:

An accurate scaled drawing showing the location of one proposed coop where the chicken(s) will be kept that complies with all of the provisions of this subsection, the number of chickens requested, distances from such coop to lot lines and occupied buildings on the subject lot and adjacent property, and a depiction of all fencing.

If the applicant is not the owner of the parcel, the property owner must sign the application certifying approval of the use of the premises for this purpose. The property owner's signature must be notarized.

A plan to ensure the proper maintenance and cleaning of the area where the chickens will be kept.

[d]

A plan to ensure the proper feeding, shelter, and care of the chickens.

[e]

Documentary 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 Ch. ATCP 17, Wis. Adm. Code.

[4]

Action on application.

The application shall be provided to the Zoning Administrator, who shall provide notice of the application, by regular mail, to the property owner (if not the applicant) and to the owners of all adjacent property.

If there are no written objections from such owners within 30 days from the date of mailing of the notices, the application for the permit shall be deemed accepted by such owners, and the Zoning Administrator may issue the permit if the application is otherwise compliant with this section and all other applicable provisions of the Code.

[5]

If an objection is received, there shall be a hearing before the Licensing Committee, and the Licensing Committee shall approve the application only upon finding that these standards are met:

Appropriate in the location proposed;

Compatible with the neighborhood;

Not detrimental to the property values of surrounding property; and

[d]

In keeping with the residential character and quality of the neighborhood.

[6]

Any person aggrieved by a decision of the Zoning Administrator and/or Licensing Committee shall have the right to appeal such decision as provided in Chapter 4 of this Code.

Effect, duration of permit.

Effect of permit. A permit issued under this subsection shall allow the original applicant to keep chickens on the subject property in the permitted coop in compliance with this subsection. A new permit is not required for new or replacement chickens on the property, provided that the total shall not exceed four chickens at any time for any enclosed coop or two chickens for any open coop. A permit is not transferable from the applicant to any other person and does not run with the land to a new owner of the property.

Duration. A permit issued pursuant to this subsection shall have a duration of one year, unless the permit is revoked or lapses pursuant to the provisions of this subsection prior to the expiration of said term. The permit shall lapse automatically if no chicken is kept on the property for any consecutive six-month period.

(d)

Additional restrictions.

Confinement of chickens. All chickens permitted under this subsection shall be kept within an enclosed coop or open coop at all times.

Roosters prohibited. No person shall keep any rooster(s) within the City limits.

Permit limitations. A permit issued under this subsection may permit only one coop housing not more than four chickens for any residential lot; provided, however, that if the application provides for an open coop, a maximum of two chickens may be permitted. Only one permit may be in effect for any lot at any time.

[4]

Slaughtering. No chicken(s) shall be slaughtered within the City limits.

[5]

Chicken coop construction, maintenance.

A chicken coop, whether an enclosed coop or an open coop, shall be deemed a structure and shall require a building permit as well as Zoning Administrator approval. The Zoning Administrator shall study such application and approve a chicken coop only upon finding that the provisions of this subsection, and the following standards, are met:

[i]

The proposed location conforms with all requirements of this subsection;

[ii]

Compatible with the neighborhood;

[iii]

Not detrimental to the property values of surrounding property; and

[iv]

In keeping with the residential character and quality of the neighborhood.

The permit holder shall construct or cause the coop as approved to be constructed in a workmanlike manner, to be moisture-resistant, and either raised up off the ground or placed on a hard surface, such as concrete, patio block or gravel, and in a manner that will avoid the collection of standing water.

The permit holder shall be responsible to ensure that the coop shall be cleaned of droppings, uneaten feed, feathers and other waste not less than daily and more often as is necessary to ensure that the coop and yard do not become a health, odor or other nuisance.

[d]

The permit holder shall be responsible to ensure that the chicken(s) are provided with fresh water at all times and adequate amounts of food and for ensuring that all food and supplies are maintained in a secure and rodentproof container.

[e]

The operation of a coop and maintenance of any chicken(s) shall, at all times, be conducted pursuant to the plans and representations made in the application.

[6]

Coop location restricted. No person shall locate or maintain any coop such that any part thereof is:

Within 15 feet of any occupied structure or within three feet of any lot line; or

Within the front yard setback; or

Visible from any public street or sidewalk.

[7]

Waste disposal. All waste generated by the operation of the coop, including manure, droppings, organic bedding material and spoiled feed, shall be disposed of in accordance with Chapter 386, Solid Waste, of this Code. Any chicken carcass may not be composted. Waste is prohibited from being deposited at the City yard waste site. Waste cannot be stockpiled to create a nuisance or odor.

[8]

Inspection. The Building Inspector and Health Department shall be allowed to 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.

[9]

Business or commercial use prohibited. Nothing herein shall be interpreted to authorize the conduct of a business or commercial use on a residential property. No sales of eggs, chicks, or chickens shall be made from any residential property.

[10]

Nuisance prohibited. No person shall keep or maintain any chicken(s) that cause any nuisance, unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.

[11]

Costs incurred by the City in inspection, investigation, testing, quarantine, isolation, vaccination, humane euthanasia, or otherwise arising from the subject property owner's keeping of any chicken(s) may be charged to the property owner, and such charges that remain unpaid within the time allowed may be imposed on the tax bill for the subject property as a special charge, pursuant to Wis. Stats. § 66.0627.

[12]

Public health requirements. Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.

Any person holding a permit issued under this subsection shall immediately report any unusual illness or death of chickens to the Health Department.

The Health Department or its agents may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chicken(s) or any chicken(s) believed to be carriers of a communicable disease.

[13]

Removal. All chickens shall be immediately removed from the property upon lapse, revocation or expiration of the permit for keeping chickens. The enclosure in its totality, including any fencing, covered enclosure, chicken coop, or any other structure or structural elements, shall be completely removed from the property within 15 days of the lapse, revocation or expiration of the permit for keeping of chickens.

(e)

Compliance; costs; penalties.

In addition to any other penalty provided for under § 180-9, any permit holder found in violation of this subsection and/or Chapter 320, Nuisances, of this Code, declaration of a public nuisance, shall be provided a warning notice of compliance. If two warning notices are issued within a twelve-month period, the permit shall be immediately revoked. Reissuance of any revoked permit is subject to a public hearing and City Council approval.

Costs that the City may incur in inspection, investigation, testing, quarantine, isolation, vaccination, humane euthanasia, or otherwise arising from the subject property owner's keeping of chickens may be charged to the property owner, and such charges that remain unpaid within the time allowed may be imposed on the tax bill for the subject property as a special assessment, pursuant to § 66.0627, Wis. Stats., and Chapter 10, Assessments and Charges, of this Code.

(f)

Revocation.

An annual chicken permit is not a permitted use or a 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 City.

Exceptions. Section 180-8 does not apply to the following animals which are regulated elsewhere or which the Common Council believes do not pose a potential danger if limited to the number specified herein. All numerical limitations apply to the building structure in which the animal is kept. Nothing in this ordinance is intended to supersede existing regulations governing dogs, cats, and pigeons:

Dogs (canis familiaris), cats (felis domesticus), and pigeons.

Small birds such as finches, parakeets, cockatoos, canaries, cockatiels, etc., if not more than four in total.

Tropical fish.

Turtles weighing less than one pound, excluding snapping turtles.

Parrots if not more than two in total.

Nonvenomous snakes capable of growing to no more than five feet at maturity, if not more than two in total. Snakes capable of growing to more than five feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the snake.

Gerbils, guinea pigs, rabbits, rats and mice, not more than five in total.

(8)

Frogs, toads, geckos, salamanders, not more than 10 in total.

(9)

Such other animals as the Board of Health may from time to time determine do not pose a danger, probable health risk, or nuisance. All such animals determined by the Board of Health that do not pose a danger shall be exempt from the provisions of this article on adoption of a Common Council resolution reflecting the Board's determination.

Each permit issued under this section shall provide that when the number of animals increase over the number permitted by reason of propagation by permitted animals, the person holding the permit shall remove sufficient number of animals from the premises to again be in compliance with the permit within 120 days after the birth of the new animals. Nothing herein or in any permit shall be construed to authorize the operation of a commercial animal enterprise on any premises other than a pet store located in a properly zoned district. The fee for permits issued hereunder shall be established by the Common Council and be included in the Administrative Fee Schedule.[2]

Editor's Note: Said fee schedule is on file in the City Clerk's office.

Health nuisances. The Health Officer may prohibit the keeping of any animal or fowl in any place, location or manner which in his or her judgment would constitute a health nuisance or be in violation of this section.

Penalty. If a person violates any provision of this section such person shall be subject to the general penalty provisions set forth under § 180-9 of the St. Francis Code. Each day a person keeps any animal in violation of any of the provisions of this article constitutes a separate offense for each animal so kept.

Dogs (canis familiaris), if not more than two.

Cats (felis domesticus), if not more than two.

Parakeets, cockatoos and cockatiels if not more than 4 in total.

Tropical fish.

Turtles weighing less than one pound.

Parrots, if not more than two in total.

(8)

Nonvenomous lizards capable of growing to no more than three feet at maturity, if not more than two in total. Lizards capable of growing to more than three feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the lizard.

(9)

Gerbils, not more than five in total, rabbits not more than five in total, rats and mice, not more than five in total.

(10)

Frogs, toads, geckos, salamanders, not more than 10 in total.

(11)

Such other animals as the Board of Health may from time to time determine to not pose a danger. All such animals determined by the Board of Health to not pose a danger shall be exempt from the provisions of this article on adoption of a resolution reflecting the Board's determination and publication of the Board's determination on the City's web site and posting for 30 days at City Hall. The Board shall forward a copy of all such resolutions to the Common Council, City Clerk and Building Inspector.

No person may keep any animal in an unhealthy condition whether the animal is one permitted by virtue of this or any other ordinance or one which is permitted by permit issued by the Health Inspector.

Each day a person keeps any animal in violation of any of the provisions of this ordinance constitutes a separate offense for each animal so kept.

§ 180-9 Violations and penalties.

The penalty for violations of any violation of Wisconsin State Statutes adopted by reference in this Code of ordinances shall be limited to a forfeiture which shall not exceed the maximum fine which may be imposed upon conviction of the corresponding state statute, plus allowable costs and required assessments.

The penalty for violations of ordinances for which no specific penalty is provided in this chapter and the penalty for violations of any regulatory section of the City of St. Francis' Municipal Code of Ordinances for which no specific penalty is provided shall be a forfeiture of not more than $1,000.

Juvenile penalties.

The penalty for juveniles who violate any section of this Code adopted by reference to a Wisconsin State Statute in this Code of ordinances shall be the maximum permissible under the State regulations governing juvenile penalties in Municipal Courts for such violations.