City of Amery, WI Animals

It shall be unlawful for any person in the City of Amery to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

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, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

Dog owners shall pay the City Administrator/Clerk-Treasurer annually the sum prescribed by the Schedule of Fees for each neutered male dog and spayed female dog, and prescribed by the Schedule of Fees for each unneutered male or unspayed female dog.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 171-2 of this article, the City Administrator/Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The City Administrator/Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 171-2E.

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 law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

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 Administrator/Clerk-Treasurer upon application therefor.

Multiple dog (kennel) licenses.

Any person who keeps or harbors multiple dogs or operates a kennel may, instead of the license tax for each dog required by this article, apply for a multiple dog license for the keeping of multiple dogs or operating of a kennel. Such person shall pay for the license year a fee prescribed by the Schedule of Fees for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog license tax and, if required by the City Council, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the City Administrator/Clerk-Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Kennels may only be located in residential areas following a public hearing and approval by the City Council; the City Council may attach conditions to such approval as a conditional use under the City's Zoning Code.

The owner or keeper of multiple dogs shall keep at all times a multiple dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple dog 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, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a multiple dog tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

The term "kennel" means any establishment wherein or whereon three or more dogs are kept.

No multiple dog license shall be issued to the keeper of multiple dogs or operator of a kennel who fails to provide proper food and drink and proper shelter for the dogs in said kennel or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon their own initiative. Expressly incorporated by reference in this section as minimum standards for kennel keepers or operator are the relevant provisions of Ch. 951, Wis. Stats.

A condition of a multiple dog license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate City officials 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 or multiple dog premises be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to City ordinances.

§ 171-4 Late fees.

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

The City Administrator/Clerk-Treasurer shall assess and collect a late fee as prescribed in the Schedule of Fees 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.

§ 171-5 Rabies quarantine.

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 Chief of Police shall promptly post in at least three public places in the City notices of quarantine.

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.

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

Quarantine or sacrifice of dog or cat. An officer or animal warden 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.

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.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine on premises of owner. An officer or animal warden 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.

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.

Risk to animal health.

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.

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.

Destruction 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.

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, 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 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.

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.

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.

§ 171-6 Restrictions on keeping of dogs, cats, fowl and other animals.

Restrictions. It shall be unlawful for any person within the City of Amery to own, harbor or keep any dog or cat which:

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

Assaults or attacks any person or destroys property.

Is at large within the limits of the City.

Habitually barks or howls to the annoyance of any person or persons.

Kills, wounds or worries any domestic animal.

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.

In the case of a dog, is unlicensed.

Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.

Vicious dogs and animals.

VICIOUS DOG OR OTHER ANIMAL

As used in this subsection, the following terms shall have the meanings indicated:

SERIOUS INJURY

Any abrasions, bruising, cuts, broken bones, lacerations, internal injuries, torn or pulled ligaments or muscles, head injuries, or any other such similar condition.

Any dog or other animal shall be deemed and be presumed to be vicious if, at any time, it bites and inflicts a serious injury to any person or persons two or more times during the dog's or animal's life under unprovoked circumstances and while off the dog's or animal owner's, keeper's or caretaker's premises or property. If the dog or other animal inflicts serious injury in a manner other than biting, said dog or other animal shall also be deemed and presumed to be vicious under this section.

No vicious dog or other animal as defined herein shall be allowed to be owned, kept, harbored, maintained, or cared for within the City of Amery corporate limits by any person or legal entity.

Penalty for keeping vicious dogs or animals in violation of Subsection B.

Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the City of Amery, or any law enforcement or animal control officer of any jurisdiction authorized by the City of Amery to enforce or effectuate the City of Amery's ordinances.

In the event that any vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the City of Amery within seven days of impoundment. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the City of Amery within said seven-day period, any law enforcement officer or animal control officer for the City of Amery shall be authorized to destroy said animal.

Potentially dangerous dog or other animal.

POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL

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

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

Any dog or other animal which, when unprovoked, bites a person, causing a less severe injury than is defined in Subsection B in the definition of "serious injury" above.

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury to a domestic animal off the property of the owner or keeper of the dog.

Restrictions and rules regarding potentially dangerous dogs or animals.

If a law enforcement or animal control officer for the City of Amery or any other law enforcement agency having jurisdiction and authority to enforce this section has investigated and determined that there exists probable cause to believe that a dog or other animal which is owned, harbored, kept or cared for within the City of Amery corporate limits is potentially dangerous as that term is defined herein, the Chief of Police or animal control officer for the City of Amery or his/her designee shall petition the City Council for the City of Amery for a hearing for the purpose of determining whether or not the dog or other animal in question should be declared potentially dangerous. Whenever possible, any complaint received from a member of the public which serves as part of the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the aforementioned petition. Notice of the hearing before the City Council shall be given to the owner, caretaker or keeper of the dog or animal in question no less than seven days prior to said hearing, with said notice, together with a copy of the petition, and all sworn complaints to be either served personally or by first-class mail with return receipt requested. All hearings under this section shall be open to the public.

The hearing body, which shall be the City Council for the City of Amery, may admit all relevant documents and testimony into evidence including incident reports and affidavits of witnesses, photographs, and personal testimony. The City Council for the City of Amery shall be the exclusive trier of the issue of whether a dog or other animal is determined to be potentially dangerous. For the City Council of the City of Amery to determine that a dog or other animal is potentially dangerous, there must be a preponderance of the evidence to establish the same.

Any owner, harborer, keeper, caretaker, or other interested party who is aggrieved by any decision of the City Council under this section shall have the right to appeal the same by filing an action for certiorari with the Circuit Court no more than 30 days from the date that said aggrieved person had received written notice of the City Council's decision on whether a dog or other animal is potentially dangerous.

(d)

After the hearing conducted pursuant to § 171-6D(2)(a) above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with § 171-6D(2)(h) and (i) in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the City of Amery, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.

(e)

No dog or other animal may be declared potentially dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing, or assaulting the dog or other animal, or was committing or attempting to commit a crime. No dog or other animal may be declared potentially dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog or other animal may be declared potentially dangerous if an injury or damage was sustained by a domestic animal which, at the time of the injury, or the damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.

(f)

No dog or other animal may be declared potentially dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(g)

No dog or other animal may be declared potentially dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal, and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.

(h)

All potentially dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the City of Amery shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the City Council, after hearing, has determined the designation applies to the dog. The City of Amery may charge a potentially dangerous dog fee in addition to the regular licensing fee as to provide for the increased cost of maintaining the records of the dog.

(i)

A potentially dangerous dog or other animal, while on the owner's property, shall, at all times, be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and muzzled, and if it is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.

(j)

If a potentially dangerous dog or other animal dies, or is sold, transferred or permanently removed from the City of Amery where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors, or caretakes a potentially dangerous dog or other animal shall notify the chief law enforcement officer for the City of Amery or the animal control officer of the change in condition or new location of the potentially dangerous dog or other animal in writing within 48 hours of said dog's or other animal's removal.

Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 171-6D(2) shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 171-6D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 171-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the City of Amery, or any law enforcement or animal control officer of any jurisdiction authorized by the City of Amery to enforce or effectuate the City of Amery's ordinances may impound any dog or other animal which is subject to § 171-6D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate City of Amery limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate City limits within said seven-day period, any law enforcement officer or animal control officer for the City of Amery shall be authorized to destroy said animal.

Unleashed dogs or other animals running at large.

No owner, keeper, harborer or caretaker of any dog or other animal shall permit the same to be unleashed or unrestrained at any time said dog or other animal is not on the owner's, keeper's, harborer's, or caretaker's property or premises and which is upon any public street, alley, right-of-way or any school ground, public park, cemetery or other public or private property without the permission of the owner or occupier of the property.

A dog or other animal is not unleashed or uncontrolled and at large which is leashed or otherwise restrained by any device that is less than 10 feet in length, which is of sufficient strength to restrain and control said dog or other animal, and is held by a person competent to govern and control said animal who has obtained the age of 10 years or more, and is able to prevent said dog or animal from annoying or worrying pedestrians or from trespassing on private or public property. Furthermore, a dog or other animal is not unleashed or uncontrolled and at large if it is properly restrained within a motor vehicle.

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

Any person or entity who violates this Subsection F shall be subject to a forfeiture of not less than $25 and not more than $100, together with any impoundment costs under § 171-9.

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

Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, or swimming area within the City, except while on a leash. Dogs and cats are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this subsection.

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

Barking dogs or crying cats.

Prohibition. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this subsection when complaints are filed with the Police Department pursuant to Subsection I(2) below.

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

Enforcement.

Upon any written complaint to the Police Department, warnings may be issued to the owner of a dog or other animal engaging in the above conduct that said animal may be in violation of this subsection.

Upon any two written complaints in one year by one or more persons, a citation may be issued to the owner of a dog or other animal engaging in the above conduct, subject to forfeiture as provided in § 171-26.[1]

Editor's Note: Original Sec. 7-1-6(j) of the 2004 Code of Ordinances, Owner's liability for damage caused by dogs; penalties, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Trapping and impounding of animals by Police Department. Upon complaint of any real property owner or tenant thereupon that a dog, cat or other domesticate animal is running at large in violation of this section, the Police Department is authorized to live trap the said animal and impound it if, in the opinion of the officer responding to the complaint, such action is warranted. Any dog, licensed or unlicensed, cat or other domestic animal in violation of this section shall be impounded at the place provided by the City as the City impoundment facility.[2]

[2]

Editor's Note: Original Sec.7-1-7 of the 2004 Code of Ordinances, Pit Bulls and Other Regulated Dogs and Animals, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 171-7 Wolf/dog hybrid regulation and confinement.

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

WOLF/DOG HYBRID

Any cross-breed resulting from the mating of a domesticated dog and a wolf, coyote, jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:

CANINE ANIMALIncludes all members of the family canidae except foxes.

DOMESTICATED DOGCanis familiaris.

WOLFIncludes both Canis lupus and Canis niger.

COYOTECanis latrans.

JACKALCanis aureus.

DINGOCanis dingo.

Prohibition on unregistered animals. No person shall harbor, keep or maintain within the City of Amery any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2005. This prohibition shall not apply to animals being transported through the limits of the City of Amery within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the City of Amery before it has reached the age of five months. Wolf/dog hybrids permitted in the City of Amery shall be confined as set forth in this section.

Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the City of Amery which has not been registered on or before January 30, 2005, that person shall, to the satisfaction of the Court, remove said animal from the City of Amery until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by the Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection K on or before January 30, 2005, it shall be removed from and not returned to the City of Amery.

Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the City of Amery, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:

The first enclosure shall be constructed of not less than nine-gauge galvanized chain-link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.

The first enclosure shall extend to a height of not less than eight feet, and shall be surrounded from ground level to a height of not less than four feet by 1/4 inch galvanized mesh screening.

The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain-link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.

The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision; except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain-link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.

Both enclosures shall be kept locked with case-hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.

Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.

The above-described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept, as defined in Chapter 450, Zoning.

Transportation and muzzling of animals. A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with one-fourth-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration, but will prevent it from biting any person or animal.

Right of inspection. To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the City shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.

Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than three wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.

Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.

Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within the City.

Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the City of Amery on the date of passage of this section, Subsection D shall take effect on January 30, 2003; for all other persons, said subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.

Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in the City of Amery shall, on or before January 30, 2003, and annually thereafter on or before January 30 of each year, register such animal and provide a current color photograph of such animal with the City Administrator/Clerk-Treasurer's office and pay a registration fee as prescribed in the Schedule of Fees. At the time of registration, each owner of any wolf/dog hybrid kept within the City limits shall provide to the City Administrator/Clerk-Treasurer proof of liability insurance in the amount of at least $1,000,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the City of Amery as co-insured solely for the purpose of notice of cancellation of such insurance policy.

Warning sign. The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: "WARNING – WOLF DOG HYBRIDS PRESENT." One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required above.

§ 171-8 Impoundment of animals.

Animal control agency.

The City of Amery 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 impounded animals and for assisting in the administration of rabies vaccination programs.

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

Impounding of animals. In addition to any forfeiture penalty hereinafter provided for a violation of this article, a law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this 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 or otherwise violates any provision of this article.

Claiming animal; disposal of unclaimed animals.

Seizure. A law enforcement officer or any animal control officer appointed by the City Council may attempt to capture and restrain dogs or other animals running at large or in other violation of this article, and shall confine and capture or restrain animals in a suitable dog pound or other enclosure. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded.

Retention and disposition of unclaimed animals. All dogs or other animals apprehended shall be kept for no less than seven days at the dog pound or other enclosure and if such animal is not claimed by the rightful owner, representative or keeper, within such time, said animal shall be transmitted to the Humane Society or other designated animal control facility to be handled in accordance with Wisconsin Statutes and the policies of that facility.

Notification. A person who captures or restrains a dog or other animal shall notify or deliver the dog or other animal to the pound or humane society or to any officer within 12 hours of capture or restraint. Any police officer or City official to whom a dog or other animal is delivered shall attempt to notify the owner as soon as possible if the owner is known or can be ascertained with reasonable effort.

Claiming animals. The owner or representative, or keeper of any dog or other animal so confined may reclaim such animal from the Police Department at any time before transmittal to the pound, if:

The owner, representative or keeper gives his or her name and address.

The owner, representative or keeper presents evidence that the dog is licensed and presents evidence that the dog is vaccinated against rabies, or a receipt from a licensed veterinarian for repayment of a rabies inoculation.

The owner, representative or keeper pays the cost of apprehending, boarding fees, necessary medical treatment and impounding fees, if any.

Impounding costs. Before any owner can claim and resume possession of any animal impounded under this section, he/she shall pay to the Police Department such sum as the City Council may from time to time establish (or such fees established by the animal control facility, if used). In addition, before an unlicensed dog is released, a license shall be obtained for each unlicensed dog. In the event that an impounded animal is injured or diseased, or if it is unclaimed after seven days of impoundment, it shall be disposed of in a proper and humane manner.

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

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.

§ 171-9 Duty of owner in case of animal bite.

If any animal, for which the owner holds a current rabies certificate, is involved in a bite or a scratch incident, the owner shall isolate and confine the animal under the supervision of a licensed veterinarian for at least 10 days from the date of the incident. Supervision of a veterinarian includes, at a minimum, examination of the animal on the first day, on the 10th day, and on one intervening day. If the animal is confined at the residence of the owner, it must not be allowed to come in contact with other animals or people. It cannot be left unattended outside.

The animal can be taken outside of the residence only to relieve itself, under restraint and under the supervision of an adult.

Any animal involved in a bite or scratch incident that has not been vaccinated, or has not been revaccinated within the prescribed times, must be confined at a veterinary hospital under the supervision of a veterinarian for 10 days.

Under no circumstances can the owner sell, give away, or destroy the animal until it has been released by a licensed veterinarian after the ten-day confinement (quarantine) period.[1]

Editor's Note: Original Sec. 7-1-11 of the 2004 Code of Ordinances, Pit Bulls and Other Dangerous Animals, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II.)

§ 171-10 Animal feces.

Removal of fecal matter. The owner or person in charge of any dog, cat, horse, or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.

Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.

§ 171-11 Injury to property by animals.

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

§ 171-12 Animals in parks and cemeteries.

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

No dog, cat or other animal shall be allowed in any City park except on a leash. Pet owners shall comply with the provisions of § 171-12 while in parks. Animals are prohibited at any time in cemeteries, except that dogs trained to lead blind persons are permitted.

§ 171-13 Prohibited and protected animals, fowl, reptiles and insects; farm animals.

Protected animals.

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), gray or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), Mexican ridley turtle (Lepidochelys kempii).

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).

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.

Exceptions. The provisions of Subsection A(1) and (3) 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 collector's permit issued by the Secretary of the Department of Natural Resources of the state, any party so authorized by the City Council, or any person or organization licensed to present a circus, except that such parties shall also have a conditional use permit issued by the City Council.

Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her 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, except where otherwise provided in this article. Specifically, it shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the City any of the following animals, reptiles or insects:

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

All poisonous animals and reptiles including rear-fang snakes.

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

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

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

Constrictor snakes.

(9)

Coyotes (Canis latrans).

(10)

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

(11)

Elephants (Elephas and Loxodonta).

(12)

Game cocks 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)

Poisonous insects.

Exceptions; pet shops. The prohibitions of Subsection C above 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; if:

Their location conforms to the provisions of the zoning ordinance of the City.

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.

Farm animals; miniature pigs.

Except as provided in § 171-24 regarding miniature pigs, it shall be unlawful for any person, firm, or corporation to own, house, keep or possess, in any area within the City of Amery which is zoned as a single family or multifamily residential district or in a general business or highway commercial district, any animals commonly known as farm animals, including, but not limited to, cows, horses, pigs, chickens, goats, sheep, turkeys, roosters, ducks and fowl.

The Chief of Police shall have the authority, in addition to other penalties provided herein, to impound said animals as set forth in this article.[1]

Editor's Note: The following original sections of the 2004 Code of Ordinances: Sec. 7-1-16, Sale of Rabbits, Chicks or Artificially Colored Animals; Sec. 7-1-17, Providing Proper Food and Drink to Confined Animals; and Sec. 7-1-18, Providing Proper Shelter, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 171-14 Neglected or abandoned animals.

Neglected or abandoned animals.

No person may abandon any animal.

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.

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.

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/she shall prove that such killing was unwarranted.

Section 173.10, Investigation of cruelty complaints, and § 173.24, Reimbursement of expenses, of the Wisconsin Statutes are hereby adopted by reference and made a part of this article.

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.

§ 171-15 Cruelty to animals and birds prohibited.

Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his/her 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.[1]

Editor's Note: Original Sec. 7-1-20(b), (c), (d) and (e) of the 2004 Code of Ordinances, Leading Animal From Motor Vehicle, Use of Poisonous and Controlled Substances, Use of Certain Devices Prohibited, and Shooting at Caged or Staked Animals, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 171-16 Limitation on number of dogs and cats.

Purpose. The keeping of a large number of dogs and cats within the City of Amery 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.

Number limited.

No person or family shall own, harbor or keep in its possession more than three dogs and three cats in any residential unit without the prior issuance of a kennel license by the City Council except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.

The above requirement may be waived with the approval of the City Council when a kennel license has been issued by the City pursuant to § 171-3B. Such application for waiver shall first be made to the City Administrator/Clerk-Treasurer, who shall forward the request with his/her approval or objection to the Public Safety Committee on such application. After deliberation, the Public Safety Committee shall make a recommendation to the City Council prior to Council action on the matter.

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

§ 171-17 Trapping of animals.

In the interest of public health and safety, it shall be unlawful for any person, in or on City-owned land within the City of Amery to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

This section shall prohibit the use of all traps other than live traps as described above, including, but not limited to, traps commonly known as leg traps, pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as it relates to trapping.

This section shall not apply to trapping on private property.

Nothing in this section shall prohibit or hinder the City of Amery or its employees or agents from performing their official or authorized duties.

§ 171-18 Keeping of bees.

It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the City unless the bees are kept in accordance with the following provisions:

No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. Such hives, stands or boxes may only be located in the rear yard.

If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.

Fresh, clean watering facilities for bees shall be provided on the said premises.

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

VIETNAMESE POT-BELLIED PIG

A conditional use permit shall first be obtained pursuant to Chapter 450, Zoning.

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

§ 171-19 Vietnamese pot-bellied pigs.

Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

A purebred Vietnamese pot-bellied pig registered through a North American Vietnamese Pot-Bellied Pig Registry, which does not exceed 100 pounds in weight.

General requirements. It is unlawful for any person, party, firm or corporation to keep or maintain within the City of Amery limits a Vietnamese pot-bellied pig without complying with the standards in this section. Excepted from the license requirement is any law enforcement agency or agency under contract with the City to care for stray or unwanted animals.

Condition of maintenance. Owners shall comply with the following requirements:

Animal feces to be collected on a daily basis and stored in a sanitary receptacle. Animals shall not be brought, or permitted to be, on property, public or private, not owned or possessed by the owner or person in charge of the animal, unless such person has in his/her 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.

When sunlight is likely to cause overheating to discomfort, sufficient shade shall be provided to allow an animal kept outdoors to protect itself from the direct rays of the sun.

An animal kept outdoors shall be provided with access to shelter to allow it to remain dry during rain or snow. Animals may be kept outdoors only if contained in a fenced enclosure sufficient for purposes of restraint.

When the atmospheric temperature is less than 50° F., an animal shall be kept indoors at a temperature no less than 50° F., except for temporary ventures which do not endanger the animals health.

An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem.

Animals shall be fed and watered at least once a day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to the animal and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be cleaned daily. Disposable food receptacles may be used, but must be discarded after each feeding. Self feeders may be used for the feeding of dry food and they shall be sanitized as needed, but at least once per week, to prevent molding, deterioration or caking of feed.

Animals may not be permitted to exceed 100 pounds in weight.

Animals shall be examined by a veterinarian within a period of 60 days prior to a new license application being filed. The animal may be licensed only upon a written statement from a veterinarian as to:

The animal's weight.

The animal has received all recommended vaccinations and boosters.

The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.

(d)

The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.

(e)

The animal has passed a pseudorabies test administered in accordance with application state regulations.

(9)

The animal shall not be permitted to run at large. "Run at large" shall mean the presence of an animal which is not on a leash of six feet or less on any public property or thoroughfare or on any private property. An animal may be unleashed on private property, with the permission of the property owner, in a fenced enclosure sufficient for purposes of restraint. Animals which are not leashed in a motor vehicle shall not be deemed to "run at large" if secured in a manner as will prevent their escape therefrom.

(10)

Animals shall not be kept in a manner as to disturb the peace of the neighborhood or of persons passing to and from upon the streets.

§ 171-20 Feeding of waterfowl and deer; hunting of geese.

No person shall feed ducks, geese or other waterfowl or deer within the City limits of Amery.

The Director of the Department of Public Works shall cause to be erected appropriate no-feeding signs.

Hunting of geese shall be permitted when it has been determined by the City Council that such hunting is necessary and proper game management or to protect persons, parks or other property and would not pose a threat to health and safety in the area where such goose hunting shall take place. Such goose hunting may only take place at such time, place and manner as the City Council may direct and shall be in compliance with state and federal laws and regulations relating to waterfowl hunting.

[Added by Ord. No. 2-2013]

§ 171-21 Violations and penalties.

Any person violating § 171-16, 171-17, 171-18, 171-19, 171-20, 171-21, 171-22, 171-23, 171-24 or 171-25 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 article.

Licensing, vaccination and quarantine.

Anyone who violates §§ 171-1, 171-2, 171-3, 171-4 and 171-5 of this article or Ch. 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.

An owner who refuses to comply with an order issued under § 171-5 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.

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

Any person who violates §§ 171-6 through 171-14 of this article 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, except as otherwise provided in § 171-6.

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

Each day that a violation of this article continues shall be deemed a separate violation. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure, impoundment and removal from the City by City officials in the event the owner or keeper of the dog fails to remove the dog from the City. In addition to the foregoing penalties, any person who violates this article shall pay all expenses including shelter, food, handling and veterinary care necessitated by the enforcement of this article.

Article II Keeping of Poultry

[Adopted 6-3-2020 by Ord. No. 01-2020]

§ 171-22 Purpose.

The purpose of this article is to outline conditions under which City residents in certain residential districts may safely keep and maintain a limited number of allowable poultry to provide eggs for household use; to assure appropriate coops or structures in which to house poultry; and to protect the health, safety, and welfare of the general population of the City of Amery.

§ 171-23 Definitions.

For the purposes of this article, the following terms have the meaning indicated:

ABUTTING PROPERTY

All lots that the applicant's property comes into contact with at one or more points, except for lots that are legally abutting but separated from the applicant's property by a public or private street, alley or other right-of-way.

COOP

An enclosed structure, building or pen within which poultry roost or are housed.

HEALTH DEPARTMENT

The Polk Country Health Department.

POULTRY

For purposes of this ordinance, a female gallinaceous bird or hen of any age, including chicks. This definition includes quail and ducks but excludes pheasant, geese, turkeys, peacocks, emus or ostriches.

RESIDENTIAL STRUCTURE

Any building located on a residentially zoned property, including a detached garage or shed.

RUN/ENCLOSURE

The fenced or enclosed outdoor space provided for poultry. Runs/Enclosures shall be fully enclosed, including the top and all sides.

§ 171-24 License required.

No person shall own, harbor, keep, or maintain poultry within the corporate limits of the City without first obtaining a license.

Applications for a license shall be made prior to acquiring a licensable poultry, on such forms as provided by the City.

Approval from the owners of abutting lots must be secured prior to acquiring poultry.

Applicants shall register with the Wisconsin Department of Agriculture, Trade and Consumer Protection pursuant to § 95.51, Wis. Stats., and provide proof of registration with the Department prior to obtaining a City license.

Applicants shall state on the licensing application the number of planned poultry, the plan to dispose of manure and other waste, as well as their intended coop design and materials plan. A diagram describing the location of the coop and any attached run/enclosure in relationship to lot boundaries and nearby structures shall also be necessary. Only if the applicant intends to increase the number of poultry or relocate the coop structure on the property from the previous license shall they be subject to reinspection. If the applicant intends to use a moveable coop they should provide a model or design of said coop. These types shall be exempt from reinspection.

Applicant shall pay a license fee as provided in the City of Amery's schedule of fees with application.

Applicant shall certify that the poultry and poultry products are primarily for personal noncommercial use. No commercial sales from the residence or any residential area within the City is permitted.

An inspection of the completed coop shall be completed by City appointed inspector prior to license issuance and thereafter of the coop and any poultry prior to license renewal or upon credible complaint or as determined necessary. Applicant or licensee shall pay any applicable inspection fee as provided in the City of Amery Fee Schedule.

Licenses shall be issued for a term of one year, commencing with the first day January and expiring on December 31. Failure to renew a license in a timely manner may result in citations and the issuance of a late fee.

Any slaughter of poultry must not take place on premises.

§ 171-25 Property requirements and coop design.

Property requirements.

Poultry shall only be kept and maintained on single-family dwellings.

Poultry shall not be kept or maintained upon a vacant lot or inside a residential structure, including basements, porches, garages, shed, or similar storage structure.

A coop and any attached run/enclosure shall be located in the back or side yard of the license holder's residence.

A coop and any attached run/enclosure shall be located at least 25 feet from any residential structure on adjacent lots, six feet from any residential structure on the property, and eight feet from any property lines.

Contiguous lots under common ownership shall be combined for purposes of this article. Setback provisions contained in this section shall not be applicable to those property lines creating the contiguous portion of a lot.

Coop design.

All poultry shall be kept and maintained within a structure exclusively used for poultry.

Coops shall be constructed in a skillful manner, including being ventilated, insulated, roofed, constructed of moisture resistant materials, and in compliance with current City building and zoning ordinances. Said ordinances can be found within Chapters 425, 437, and 450 of the Amery City Code.

The coop's structural floor area shall not exceed 64 square feet, and the height of the coop shall not exceed eight linear feet as measured vertically from the coop's grade level to the outside highest point of the coop.

The coop floor, foundation and footings shall be constructed using a hard, cleanable surface, (e.g., concrete, wood, or hard plastic) and shall be resistant to rodents. A dirt floor is not acceptable.

All coops, including run/enclosure, shall be enclosed with wire netting or equivalent material including a protective overhead that will prevent poultry from escaping the coop or the attached run/enclosure. All coops must also have at least one operable window.

All coops and attached structures shall be sized to provide a minimum of three square feet per bird.

License information shall be attached to the coop, including the name of the license holder, license number, and an emergency contact telephone number.

§ 171-26 Conditions for keeping and sanitation.

Conditions for keeping.

A person keeping or maintaining poultry on residential property:

Shall keep or maintain not more than five total poultry.

Shall keep or maintain poultry within a coop or attached coop run/enclosure at all times unless supervised.

Shall not keep or maintain any roosters, cocks, or drakes.

Poultry shall be provided with access to feed and clean water at all times.

Poultry that become ill shall receive veterinary care on-site or at a veterinary office. Poultry ill with an infectious disease capable of being transmitted from bird to bird or from birds to humans, including but not limited to salmonella pullorum and avian influenza, are prohibited and shall be immediately euthanized by a veterinarian or immediately removed from the City and humanely killed outside of the City. Any person keeping poultry shall immediately report any unusual illness or death of poultry to the Health Department.

The Health Officer may order testing, quarantine, isolation, vaccination or humane euthanasia of ill poultry or poultry believed to be a carrier of a communicable disease per Wis. Adm. Code § DHS 145.06(6).

A dog or cat which kills or injures a bird shall not, for that reason alone, be considered a dangerous animal under § 171-6.

Deceased birds shall be disposed of immediately in a safe manner, which may include trash disposal after placing the deceased bird in a sealed bag.

All waste including manure shall be disposed of in a safe and adequate manner that does not create a public nuisance. Composting of manure shall be done in a dedicated, enclosed container at least 25 feet from any residential structure on adjacent lots, at five least six feet from any residential structure on the permitted lot, and at least eight feet from all lot lines.

Poultry shall be secured within a coop during nondaylight hours.

(9)

Poultry shall not roam free outside of a coop or attached run/enclosure without supervision.

(10)

No person may keep or harbor any poultry, which habitually by any noise disturbs the peace and quiet of any person in the vicinity.

(11)

Coops shall be entirely removed from the property within 90 days of the nonrenewal of a license.

(12)

Off-site sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and United States Department of Agriculture. All distribution of eggs shall be documented, including the names, address, and phone number of receiving individuals.

Sanitation.

Poultry feed shall be stored and kept in containers which make the feed unavailable to rodents, vermin, wild birds and predators.

All coops, attached runs/enclosures and yards where poultry are kept or maintained shall be cleaned regularly to keep them reasonably free from substances, including but not limited to manure, uneaten feed, feathers, and other such waste that it does not cause the air or environment to become noxious or offensive or to be in such condition as to promote the breeding of flies, mosquitoes, or other insects, or to provide habitat, breeding or feeding place for rodents or other animals, or otherwise be injurious to public health.