In this chapter:
Includes every living:
No person may treat any animal, whether belonging to the person
or another, in a cruel manner. No person shall cruelly treat, inhumanely
beat, under feed, overload, or abandon any animal in the Village.
No person shall cause or allow any place where any animal is or may
be kept to become unclean or unwholesome.
(1)
No person, owner, or custodian shall permit an animal to be at large
within the Village. Any animal shall be deemed to be at large when
it is off the premises owned or leased by its owner or custodian unless
crated, penned, or under the control of a person able to control the
animal by means of a leash of sufficient strength to control the action
of the animal or such other personal attention as will reasonably
control the conduct and actions of the animal.
(2)
No person, owner, or custodian shall permit any animal to be left
unattended within five feet of a public right-of-way.
(3)
No person shall permit any animal owned by or under the control of
such person to trespass or be upon the property of another person
without the owner's or occupant's permission.
(1)
As stated in Wis. Stats. § 173.23(4), § 174.01,
and § 29.921(7) members of the Police Department, or any
peace or health officer in the Village are authorized to kill any
animal, bird, or reptile when it is necessary to protect persons or
to prevent the communication or spread of infection or disease.
(2)
No person may keep any animal not indigenous to Wisconsin; or any
lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion,
Canada lynx, bobcat, jaguarondi, hyena, coyote, wolf, wolf hybrid,
alligator, poisonous snake or eagle, prairie dog, or other like dangerous
wild animal, reptile, bird or creature in any place within the Village
other than in a safely and properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, designated pound, or animal refuge, or in a well-secured
vehicle, while being transported without delay to or from any such
authorized place or through the Village. Any such animal that is within
the Village at any time without being safely and properly maintained
as authorized under any of the foregoing is declared to be a public
nuisance and shall be dealt with in accordance with the provisions
of this section.
(3)
It shall be no defense that the keeper of any such animal contrary
to the provisions hereof has attempted to domesticate same.
(1)
No person shall harbor or keep any animal, bird, or reptile which
disturbs the peace by loud or unusual noises at any time of the day
or night.
(2)
No owner or person in control of any dog shall suffer, permit or
allow such animal to bark or bay in such a manner as to detrimentally
affect the peaceful repose of one or more property owners or residents
of the immediate area, and within earshot of the barking or baying.
In determining whether the noise detrimentally affects peaceful repose,
the volume of the noise, time of day, length of time the noise persists,
the location of the animal, and prior substantiated complaints shall
be relevant. Where a dog is left unattended out-of-doors, it shall
be presumed the owner or person in control is permitting the noise.
No person shall own, harbor or keep any dog within the Village unless the dog is licensed as provided by Wis. Stats. § 174.05. All dogs shall be licensed according to the provisions in Section 5.09 of the Village Code.
Whereas animals, birds, and reptiles may have propensities to
or may otherwise cause noise or odor or perform actions which may
disturb persons in the reasonable use and enjoyment of property, or
cause annoyance, discomfort, or injury to the health or welfare of
persons, the keeping of any animal, bird, or reptile in conflict with
any provision of this section declared to be a public nuisance, and
such animal, bird, or reptile may be impounded as provided by law.
(1)
Any incident occurring in the Village where any animal bites a person,
or is suspected of biting a person, shall be immediately reported
to the Police Department or to the Brown County Health Department
by any person having knowledge of such incident and the following
procedure shall be followed.
(a)
Any animal which bites a person in the Village, if it can be
found, or any animal which is customarily kept within the Village
and which bites a person, shall be quarantined for a period of 10
days from the day of the bite for the purpose of observation for the
possibility of rabies. Such quarantine shall be affected as directed
by the Health Department and may be:
1.
Confinement of the animal to a structure or enclosure, which
is adequate to with-strain the animal on the premises of the owner
or agent.
2.
Confinement of the animal with a licensed veterinarian.
3.
Confinement of the animal at a boarding facility approved by
the Village. Costs of boarding shall be at owner's expense.
(b)
No animal which is known or suspected to have bitten a person
shall be destroyed until after the ten-day quarantine period has elapsed,
unless it cannot be apprehended safely, in which case the destruction
shall be accomplished without damage to the head of the animal, if
at all possible. The Brown County Health Department shall be immediately
notified of such destruction of the animal, and the dead animal shall
not be disposed of until such specimens as the Health Department shall
direct have been obtained and permission is given by him to dispose
of the dead animal.
(2)
Without notice, the owner, custodian, or person in control of any
animal shall forfeit not less than $20 nor more than $2,500 if the
animal causes injury to any person, livestock, property, deer, game
birds, or the nests or eggs of game birds.
The keeping or raising of honey bees is allowed within all areas
of the Village. In areas not zoned for agricultural use, a site plan
is required to be submitted and approved by the Zoning Administrator
or his/her designee. The hives shall be centrally located on the lot
and not in front of the home. The Zoning Administrator shall have
the authority to relax this requirement on larger lots. The hives
shall have visual barrier, not entirely concealing the hive but providing
a softening appearance. Lots smaller than one acre in size are limited
to two hives. It is recommended that the hive owner join the Brown
County Beekeepers Association for education and guidance purposes.
The keeping of any animal, fowl, reptile, mammal, or bird which
affects or disturbs the public health, public peace, public safety
or public decency is a public nuisance and is prohibited within the
Village. No action shall be taken under this subsection unless and
until the Village investigates, and they have ascertained that the
raising or keeping of a particular animal, fowl, reptile, mammal,
or bird within the Village reasonably constitutes a condition which
is detrimental to the public health, safety or welfare. For purposes
of enforcing this subsection, the Humane Officer, Police Department,
Building Inspector, or other peace officer may enter any premises
for the purpose of inspection. Any person, who violates any provision
of this subsection, shall be notified by the Village of the determination
that a public nuisance exists on his or her premises. Each day that
the condition continues after notification by the Village shall be
considered a separate violation of this subsection.
No person, firm, or corporation shall bring into, keep, maintain,
offer for sale, or barter, or release to the wild in the Village:
This section shall not prohibit a circus or like entertainment
organization, an educational or medical institution, the Department
of Parks and Recreation, or a person designated by the Humane Officer,
from keeping such animal where the same are securely and humanely
confined.
No person may take the dog or cat of another from one place
to another without the owner's consent or cause such a dog or cat
to be confined or carried out of this Village or held for any purpose
without the owner's consent. This section does not apply to law enforcement
officers or humane society agents engaged in the exercise of the official
duties.
No person may kill an animal by means of decompression.
No person shall lead any animal upon a highway or roadway from
a motor vehicle or from a trailer or semi-trailer drawn by a motor
vehicle.
No person may transport any animal in or upon any vehicle in
a cruel manner.
No person may expose any domestic animal owned by another to
any known poisonous substance or controlled substance listed in Wis.
Stats. Ch. 961, whether mixed with meat or other food or not, so that
the substance is liable to be eaten by an animal and for the purposes
of harming the animal. This section shall not apply to poison used
on one's own premises and designed for the purpose of rodent or pest
extermination nor to the use of a controlled substance in bona fide
experiments carried on for scientific research or in accepted veterinary
practices.
No person may instigate, promote, aid or abet as a principal,
agent, employee, participant or spectator, or participate in the earnings
from, or intentionally maintain or allow any place to be used for
the shooting, killing, or wounding with a firearm or any deadly weapon,
any animal that is tied, staked out, caged, or otherwise intentionally
confined in a man-made enclosure, regardless of size. Nothing in this
section prohibits the shooting of any wild game in its wild state
or the shooting of game birds and waterfowl at licensed game farms
or licensed shooting preserves.
(1)
No person may sell, offer for sale, barter, or give away living chicks,
ducklings, or other fowl unless the person provides proper brooder
facilities for the care of such chicks, ducklings, or other fowl during
the time they are in the person's possession.
(2)
No retailer, as defined in Wis. Stats. § 100.30(2)(e),
may sell, offer for sale, barter, or give away living baby rabbits,
baby chicks, ducklings, or other fowl under two months of age in any
quantity less than six unless in the business of selling these animals
for agriculture, wildlife or scientific purposes.
Chickens may be raised in Rural Residential (RR) and Residential
Sewer (RS) zoning districts provided a permit has been issued and
the following conditions are met;
(2)
No roosters shall be kept.
(3)
Lot must be in single family use.
(4)
The chickens are raised on the property of the owner. If the current
resident is a tenant, the tenant must have written permission of the
owner.
(5)
It is the owners responsibility to be in compliance with any restrictive
covenant in place for their subdivision.
(6)
The chickens shall be kept humanely contained at all times.
(7)
The chickens shall be provided with a covered water resistant coop
and a fenced run per 11.22, Providing Proper Shelter.
(8)
The coop shall be located at least 25 feet from a lot line and shall
not be located in a front yard.
(9)
The coop shall be cleaned regularly to ensure a healthy and odor
free environment.
(10)
No chickens over eight weeks of age may be kept in a primary
structure.
(11)
The slaughtering of chickens in any residential zoning is allowed
in an enclosed structure.
No person may sell, offer for sale, raffle, give as a prize
or premium, use as an advertising device or display living chicks,
ducklings, other fowl or rabbits that have been dyed or otherwise
colored artificially.
As stated in Wis. Stats. § 951.13 no person owning
or responsible for confining or impounding any animal may fail to
supply the animal with a sufficient supply of food and water as prescribed
in this section.
As stated in Wis. Stats. § 951.14 no person owning
or responsible for confining or impounding any animal may fail to
provide the animal with proper shelter as prescribed in this section.
In the case of farm animals, nothing in this section shall be construed
as imposing shelter requirements or standards more stringent than
normally accepted husbandry practices in Brown County.
(1)
Indoor Standards. Minimum indoor standards of shelter shall include:
(2)
Outdoor Standards. Minimum outdoor standards of shelter shall include:
(a)
Shelter from Sunlight. When sunlight is likely to cause heat
exhaustion of an animal tied or caged outside, sufficient shade by
natural or artificial means shall be provided to protect the animal
from direct sunlight. As used in this paragraph, "caged" does not
include farm fencing used to confine farm animals.
(b)
Shelter from inclement weather.
1.
Animals Generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
2.
Dogs. If a dog is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
(3)
Space Standards. Minimum space standards for both indoor and outdoor
enclosures shall include:
(a)
Structural Strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(b)
Space Requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress, or abnormal behavior patterns.
(4)
Sanitation Standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to move excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
(1)
DANGEROUS/POTENTIALLY DANGEROUS DOG
(a)
(b)
(c)
Definitions. The terms used in this section are defined as follows:
Any dog with a propensity, tendency, or disposition to attack,
cause injury, or otherwise endanger the safety of human beings or
other domestic animals as evidenced by its habitual or repeated chasing
or snapping, or barking and/or snarling in a threatening manner.
Any dog which attacks a human being or another domestic animal
without sufficient provocation.
Any dog owned or harbored primarily or in part for the purpose
of dog-fighting, or any dog trained for dog-fighting.
(2)
Requirements and Prohibitions.
(a)
Leash and Muzzle. No person owning, harboring or having the
care of a dangerous/potentially dangerous dog may suffer or permit
such dog to go outside its kennel or pen unless the dog is securely
leashed with a leash no longer than four feet in length. No person
may permit a dangerous/potentially dangerous dog to be kept on a chain,
rope, or other type of leash outside its kennel or pen unless a person
is in physical control of the leash.
1.
The dog may not be leashed to inanimate objects such as trees,
posts, and buildings. A dangerous/potentially dangerous dog, on a
leash outside the dog's kennel and off the owner's property, shall
be muzzled by a muzzling device sufficient to prevent the dog from
biting persons or other animals. A dangerous/potentially dangerous
dog shall not be required to be muzzled when shown either in a sanctioned
American Kennel Club show or upon prior approval by the Village Humane
Officer and/or Police Department.
(b)
Confinement. All dangerous/potentially dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Section 11.23(2)(a) above. The pen, kennel, or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous/potentially dangerous dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous/potentially dangerous dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(c)
Confinement Indoors. No dangerous/potentially dangerous dog
may be kept on a porch, patio, or in part of a house or structure
that would allow the dog to exit the building on its own volition.
No dangerous/potentially dangerous dog may be kept in a house or structure
when the windows are open or when screen windows or screen doors are
the only obstacle preventing the dog from exiting the structure.
(d)
Prohibited in Multiple Dwellings. No dangerous/potentially dangerous
dog may be kept within any portion of any multiple building.
(e)
Signs. All owners, keepers, or harborers of dangerous/potentially
dangerous dogs shall, within 15 days of the effective date of this
section, display in a prominent place on their premises a sign easily
readable by the public using the words "Beware of Dog." A similar
sign is required to be posted on the kennel or pen of the dog.
(f)
Insurance. All owners, keepers or harborers of dangerous/potentially
dangerous dogs shall within 30 days of the effective date of this
section, provide proof to the Village Humane Officer and/or Police
Department of public liability insurance in a single incident amount
of $1,000,000 for bodily injury to or death of any person or for the
damage to property owned by any person which may result from the ownership,
keeping or maintenance of dangerous/potentially dangerous dogs. The
insurance policy shall provide that no cancellation of the policy
will be made unless a ten-day written notice is first given to the
Village Humane Officer and/or Police Department. The owner or custodian
of the dog shall produce evidence of the required insurance upon request
of the Village Humane Officer and/or Police Department or any other
law enforcement officer. This paragraph does not apply to dogs kept
by law enforcement agencies.
(3)
Dangerous/Potentially Dangerous Dog Determination. The Village Humane Officer and/or Police Department shall investigate every dog complaint and make a determination as to whether or not such dog is "dangerous/potentially dangerous", as defined in Section 11.23(1) above. In the event the Village Humane Officer and/or Police Department makes a determination that the dog is "dangerous/potentially dangerous", he or she shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
(4)
Appeal of Dangerous/Potentially Dangerous Dog Determination. Any person aggrieved by the determination of the Village Humane Officer and/or Police Department, as provided in Section 11.23 (3) above, may appeal such determination by submitting a written appeal to the Board within 10 days of such determination. The owner, keeper, or harborer of a dangerous/potentially dangerous dog shall comply with all provisions of this section while awaiting the outcome of the appeal.
(5)
Compliance. Within 10 days of the determination that a dog is dangerous/potentially dangerous, as provided in Section 11.23(3) above, the owner, keeper, or harborer of a dangerous/potentially dangerous dog shall either comply with all provisions of this section or dispose of such dog.
(6)
Disposition of Dangerous/Potentially Dangerous Dogs. As stated in
Wis. Stats. § 95.21(4)(c) and § 174.02 any dangerous/potentially
dangerous dog which attacks a human being or domestic animal may be
ordered destroyed by the Village Humane Officer and/or Police Department
or any police officer when, in the judgment of a court of competent
jurisdiction, the dog represents a continuing threat of serious harm
to human beings or domestic animals.
The Village Humane Officer and/or Police Department shall have
authority to enforce the provisions of this chapter, including but
not limited to seizing any animal which the Humane Officer and/or
Police Department reasonably believes has been taken, employed, used,
or possessed in violation of this section. The Building Inspector
may enforce any provisions of this chapter, which relates to his or
her position.
Any seized animal under this chapter shall be held by the Brown
County Health Department, Village Humane Officer, or Police Department
until that animal is identified as to genus and species in order to
ascertain if the animal is an endangered species under Wis. Stats.
29.604.
Except as otherwise specifically provided in this section, the
statutory provisions in Wis. Stats. Ch. 173, describing and defining
regulations with respect to animals and Humane Officers, inclusive
of any provisions therein relating to penalties to be imposed and
exclusive of any regulations for which the statutory penalty is a
fine or term of imprisonment, are hereby adopted and by reference
made part of the chapter as if fully set forth herein. Any act, required
to be performed, or prohibited by any stature incorporated herein
by reference is required or prohibited by this chapter. Any future
amendments, revisions or modifications of the statutes incorporated
herein are intended to be made part of this section.
