[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
License required. It shall be unlawful for any person in the Village
of Bear Creek to own, harbor or keep any dog more than five months
of age on January 1 of any year or five months of age within the license
year or any fowl of any kind without complying with the provisions
of this chapter relating to the listing, licensing and tagging of
the same.
B.
AT LARGE
CAT
DOG
FOWL
NEUTERED
OWNER
Definitions. In this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Any canine, regardless of age or sex.
Any chicken, hens only.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional generative organs.
Any person owning, harboring or keeping animals, and the
occupant of any premises on which an animal remains or to which it
customarily returns daily for a period of 10 days is presumed to be
harboring or keeping the animal within the meaning of this chapter.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of Bear Creek after the dog has reached five months of age,
the owner shall have the dog vaccinated against rabies within 30 days
after the dog is obtained or brought into the Village unless the dog
has been vaccinated as evidenced by a current certificate of rabies
vaccination from this state or another state. The owner of a dog shall
have the dog revaccinated against rabies by a veterinarian before
the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Department of Agriculture, Trade and Consumer
Protection stating the owner's name and address, the name, sex, spayed
or unspayed, neutered or unneutered, breed and color of the dog, the
date of the vaccination, the type of rabies vaccine administered and
the manufacturer's serial number, the date that the immunization expires
as specified for that type of vaccine by the Centers for Disease Control
of the U.S. Department of Health and Human Services and the Village
where the dog is required to be licensed.
C.
Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of Bear Creek
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.
(2)
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license tax and obtain a license.
(3)
The minimum license tax under this section for spayed females or
neutered males shall be as set forth in the Village Fee Schedule,
on file in the Village offices. The minimum fee for unspayed or unneutered
animals shall be as set forth in the Village Fee Schedule, on file
in the Village offices. These amounts shall be reduced by 1/2 if the
animal became five months of age after July 1 during the license year.
The license year shall commence January 1 and end December 31.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 108-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5)
The owner shall securely attach the tag to a collar and the collar
with the tag attached shall be kept on the dog for which the license
is issued at all times.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement, animal control or humane officer shall seize,
impound or restrain any dog for which a dog license is required which
is found without such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax and
every person owning such a dog shall receive annually a free dog license
from the Clerk-Treasurer upon application therefor.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead of the license
tax for each dog required by this chapter, apply for a kennel license
for the keeping or operating of the kennel. Such person shall pay
for the license year a license tax of $30 for a kennel of 12 or fewer
dogs and an additional $3 for each dog in excess of 12. Upon payment
of the required kennel license tax and, if required by the Village
Board, upon presentation of evidence that all dogs over five months
of age are currently immunized against rabies, the Village Clerk-Treasurer
shall issue the kennel license and a number of tags equal to the number
of dogs authorized to be kept in the kennel.
(2)
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a kennel license, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog 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 kennel 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 Village Clerk-Treasurer shall assess and collect a late
fee of as set forth in the Village Fee Schedule, on file in the Village
offices, 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.
A.
No person shall keep or maintain any livestock such as horses, cattle,
sheep, pigs, goats or pigeons.
B.
Keeping of chickens. Within the Village of Bear Creek, female chickens
(hens) are allowed on lots with single-family dwellings. Roosters
are not allowed within the Village limits of Bear Creek. Each dwelling
shall have a maximum number of up to six hens. There will be no slaughtering
of chickens within the Village limits of Bear Creek, except on properties
zoned and approved for such use. Raising or keeping of hens for fighting
and the fighting of hens and other fowl are not allowed within the
Village of Bear Creek as per § 951.08, Wis. Stats. All food
must be kept in airtight containers that are out of reach of wild
animals. Hens must be provided with a building structure that houses
them. No coop shall be located closer than 25 feet to any residential
structure on an adjacent lot.
D.
Application process. Applications will be submitted to the Village
Clerk-Treasurer's office and must contain the following: show the
desired location for the coop and run on a drawing of the lot. Property
must be owner-occupied.
E.
Licenses and fees.
(1)
Licenses are for a one-year term beginning April 1 of each year.
(2)
License fee is required annually and will not be prorated for any
portion of a year. The fee will be set by the Village Board.
(3)
Licenses not renewed by March 31 will be assessed a late fee. The
late fee will be set by the Village Board.
(4)
License must be obtained prior to having chicken on the premises.
F.
Renewal process. All licenses must be renewed on an annual basis
prior to April 1 of each year. License renewals will be submitted
to the Village Clerk-Treasurer's office and shall include the following:
current proof of residence and an annual fee set by the Village Board.
G.
Penalties.
(1)
General complaints. This includes noise complaints and nuisance complaints
and others.
(a)
A warning will be given to the license holder that if similar complaints continue, a fine will be assessed as well as the potential loss of a license. If a violation is found, a warning shall be given as a ten-day written notice to correct the violation or be subject to citation under the terms of § 108-18, Violations and penalties, of this chapter.
(2)
Animal cruelty violations. These consist of but are not limited to
inadequate food or water, dirty coop, improper temperature conditions
for the birds, sick or unhealthy birds, and improper coop size.
(a)
First offense. A warning would be given with the order to fix
the problem within a week or to provide proof of a start to fix the
problem.
(3)
Complaints on cleanliness, number of chickens, and care of chickens
shall be reported to Village.
A.
Dogs and cats confined. If the Village is quarantined for rabies,
all dogs and cats within the Village 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
Village Clerk-Treasurer shall promptly post in at least three public
places in the Village notices of quarantine furnished by the Department
of Agriculture, Trade and Consumer Protection for posting.
B.
Exemption of vaccinated dog or cat from Village 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 Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. A law enforcement, animal
control, humane or health officer shall order a dog or cat quarantined
if such 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.
(2)
Sacrifice of other animals. An officer may order killed or may kill
an animal other than a dog or cat if the officer has reason to believe
that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
A law enforcement, animal control, humane or health officer who orders
a dog or cat to be quarantined shall deliver the animal or shall order
the animal delivered to an isolation facility as soon as possible
but no later than 24 hours after the original order is issued or the
officer may order the animal to be quarantined on the premises of
the owner if the animal is immunized currently against rabies as evidenced
by a valid certificate of rabies vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. In this subsection,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation
and on one intervening day. If the observation period is not extended
and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days after the exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat is immunized against rabies, the custodian of
an isolation facility or the owner shall keep the animal leashed or
confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. If the dog or
cat is suspected to have bitten a person, the veterinarian shall notify
the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory of Hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or County Health Department. The veterinarian or County 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 Department
of Agriculture, Trade and Consumer Protection, the veterinarian or
County Health Department which prepared the carcass and, if the animal
is suspected to have bitten a person, that person or that person's
physician.
F.
Cooperation of veterinarian. Any practicing veterinarian who is requested
to be involved in the rabies control program by an officer is encouraged
to cooperate in a professional capacity with the Department of Agriculture,
Trade and Consumer Protection, the Laboratory of Hygiene, the County
Health Department, the officer involved and, if the animal is suspected
to have bitten a person, the person's physician.
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the Village
of Bear Creek to own, harbor or keep any dog, cat or fowl which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
Is unlicensed.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
inflicts serious injury to one person in unprovoked circumstances
off the owner's premises. Any vicious dog which is found off the premises
of its owner, other than as hereinabove provided, may be seized by
any person and, upon delivery to the proper authorities, may, upon
establishment to the satisfaction of a court of competent jurisdiction
of the vicious character of said dog, by testimony under oath reduced
to writing, be killed by law enforcement authorities.
(2)
No person shall harbor or permit to remain on their premises any
animal that is habitually inclined toward attacking persons or animals,
destroying property, barking excessively or making excessive noises
or running after automobiles.
C.
Animals running at large.
(1)
No person having in their possession or ownership any animal or fowl
shall allow the same to run at large within the Village. The owner
of any animal, whether licensed or unlicensed, shall keep his animal
tied or enclosed in a proper enclosure so as not to allow said animal
to interfere with the passing public or neighbors. Any animal running
at large unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a humane, animal control
or law enforcement officer.
(2)
Any animal shall not be running at large if it is on a leash and
under control of a person physically able to control it.
D.
Owner's liability for damage caused by dogs; penalties. The provisions
of § 174.02, Wis. Stats., relating to the owner's liability
for damage caused by dogs together with the penalties therein set
forth are hereby adopted and incorporated herein by reference.
E.
Keeping of more than three dogs prohibited. Except as provided in § 108-3B, no person shall own, harbor or keep more than three dogs over the age of five months within the corporate limits of the Village of Bear Creek.
F.
Horses within the Village of Bear Creek.
(1)
Horses permitted under certain restrictions. Horseback riding, strolling,
walking of horses and a horse pulling a sulky and driver shall be
permitted on the Village roads, streets, alleys and highways when
under the control of a competent person.
(2)
It is unlawful for any person to intentionally permit a horse to
walk upon the Village sidewalks, parking lots or public parks without
a permit issued by the Village Board.
(3)
Horses under the control of a competent person are permitted on private
property where the owner of the property consents.
(4)
Removal of horse manure. The person having control of any horse shall
be responsible for removing within one hour after its occurrence any
and all defecated manure which has been excreted from the animal's
bowels onto the Village roads, streets, highways, alleys, sidewalks,
parking lots and public parks.
A.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any law enforcement, animal control
or humane officer may impound any dog, cat, fowl or other animal which
habitually pursues any vehicle upon any street, alley or highway of
this Village; assaults or attacks any person; is at large within the
Village; habitually barks, cries, howls, or crows; kills, wounds or
worries any domestic animal; or is infected with rabies. For an animal
to be impounded, the impounding officer must see or hear the violation
of this section or have in his possession a signed statement of a
complaining witness alleging the facts regarding the violation and
containing an agreement to reimburse the Village for any damages it
sustains for improper or illegal seizure.
B.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement, animal control or
humane officer, the animal shall be impounded. Such officer shall
notify the owner personally or through the U.S. Mail, if such owner
is known to the officer or can be ascertained with reasonable effort,
but if such owner is unknown or unascertainable, the officer shall
post written notice in three public places in the Village, giving
a description of the animal, stating where it is impounded and the
conditions for its release, after the officer has taken such animal
into his possession. If within seven days after such notice the owner
does not claim such animal, the animal may be disposed in a proper
and humane manner, provided that, if an animal before being impounded
has bitten a person, the animal shall be retained in the animal shelter
for 14 days for observation purposes. Within such times the owner
may reclaim the animal upon payment of an impoundment fee as established
by resolution of the Village Board, plus an additional maintenance
fee for each day the animal shall remain in the animal shelter.
C.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the Village (or acting party) may sell the animal
to any willing buyer.
D.
Village not liable for impounded animals. The Village shall not be
liable for the death of any animal which has been impounded or disposed
of pursuant to this section.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead blind persons shall be exempt from this
section.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Village Clerk-Treasurer and shall keep such
dog or cat confined for not less than 14 days or for such period as
the Village President shall direct. The owner or keeper of any such
dog or cat shall surrender the dog or cat to a law enforcement, animal
control or humane officer upon demand for examination.
The owner or person in charge of any dog 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. Anyone walking
a dog without proper cleanup materials may be deemed in violation
of this section. This section shall not apply to a person who is visually
or physically handicapped.
It shall be unlawful for any person owning or possessing an
animal to permit such animal 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, flowerbed, plant,
shrub, tree or garden in any manner whatsoever or to defecate thereon.
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, or any bird that squawks, crows or makes unpleasant
noises, to the great discomfort of the peace and quiet of the neighborhood
or in such manner as to materially disturb or annoy persons in the
neighborhood who are of ordinary sensibilities. Such animals are hereby
declared to be a public nuisance. Animals are in violation of this
section when two formal, written complaints are filed with the Village
Clerk-Treasurer within a four-week period.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm, or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family felidae, polar bear (thalarctos maritimus),
red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman
or crocodile of the order of crocodilia, gray or timber wolf (canis
lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys
olivacea), Atlantic green turtle (chelonia mydas), or Mexican ridley
turtle (lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian, or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm, or
corporation shall import or cause to be imported into this Village
any part of the plumage, skin or dead body of any species of hawk,
owl, or eagle. This subsection shall not be construed to forbid or
restrict the importation or use of the plumage, skin, body, or any
part thereof legally collected for use by the American Indians for
ceremonial purposes or in the preservation of their tribal customs
and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the 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, or to any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his possession or under his control
within the Village any poisonous reptile or any other dangerous or
carnivorous wild animal or reptile, any vicious or dangerous domesticated
animal or any other animal or reptile of wild, vicious or dangerous
propensities. Specifically, it shall be unlawful for any person to
keep, maintain or have in his possession or under his control within
the Village any of the following animals:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papio, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family, for
example, whitetailed 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 (Panther a pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Piranha fish (Characidae).
(22)
Pumas (F elis concolor); also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocero tidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panther a uncia).
(26)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
(29)
Pit bull and Staffordshire terrier dogs (all types).
D.
Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
A.
No person may abandon any animal.
B.
Any law enforcement officer may remove, shelter and care for 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.
C.
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.
D.
Whenever in the opinion of any such officer an animal is hopelessly
injured or diseased to be beyond the probability of recovery it shall
be lawful for such officer to kill such animal and the owner thereof
shall not recover damages for the killing of such animal unless he
shall prove that such killing was unwarranted.
E.
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, Wis. Stats., are hereby adopted by reference
and made a part of this chapter.
No person except a law enforcement officer or health or humane
officer in the pursuit of his duties shall within the Village shoot
or kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on land within the Village, to set, place or
tend any trap for the purpose of trapping, killing, catching, wounding,
worrying or molesting any animal, except by use of live box-type traps
only. Live box-type traps shall be defined as those traps which capture
and hold an animal in an alive and unharmed condition.
B.
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.
C.
All such traps set, placed or tended shall comply with Ch. 29, Wis. Stats., as it relates to trapping.
D.
This section shall not apply to trapping within the confines of buildings
or homes.
E.
Nothing in this section shall prohibit or hinder the Village or its
employees or agents from performing their official duties.
A.
Any person violating §§ 108-14, 108-15, 108-16 and 108-17 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Penalties; refusal to comply with order or quarantine.
(2)
Refusal to comply with order or quarantine. An owner who refuses to comply with an order issued under § 108-6 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 subject to a forfeiture of not less than $100 nor more than $1,000 and, on default, imprisonment for not more than 60 days.
