A. 
Definitions. In this section, the following definitions shall be applicable:
ANIMAL
Mammals, reptiles and birds.
ANIMAL SHELTER
Any facility operated by a humane society, or municipal agency or its authorized agents.
AT LARGE
An animal shall be deemed at large within the meaning of this chapter:
[Amended11-14-2023 by Ord. No. 1776-2023]
1. 
If not on the premises of the person owning, keeping or harboring such animal; or
2. 
If off the premises of the person owning, keeping or harboring such animal, and not confined in a building or enclosure, securely tied, or under control by leash.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
LAW ENFORCEMENT OFFICER
See § 967.02(5), Wis. Stats., and includes a humane officer under § 58.07, Wis. Stats.,[1] but does not include a conservation warden appointed under § 23.10, Wis. Stats.
NEUTERED
Describing a dog or cat, shall mean a dog or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring, fostering or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of seven days; such person is presumed to be harboring, fostering or keeping the dog or cat within the meaning of this section.
PET
An animal kept and treated as a pet.
[1]
Editor's Note: Said § 58.07, Wis. Stats., was repealed 12-1-1999 by 1997 Act 192, § 2.
B. 
Required licenses. It shall be unlawful for any person in the City of Onalaska to own, harbor or keep any dog or cat more than five months of age without complying with the provisions of this chapter relating to the listing, licensing and tagging of the same.
1. 
Rabies vaccination required for license.
a. 
Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian no later than five months of age and revaccinated within one year after the initial vaccination. If the owner obtains such animal or brings such animal into the City of Onalaska after the dog or cat has reached four months of age, the owner shall have such animal vaccinated against rabies within 30 days after the dog or cat is brought into the City unless such animal has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have such animal revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within two years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
b. 
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete in triplicate and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the City stating:
i. 
The owner's name and address, date of birth or driver's license number;
ii. 
Description of animal (name, sex, age, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat);
iii. 
The date of the vaccination;
iv. 
Rabies vaccination tag number;
v. 
Type of rabies vaccination administered;
vi. 
Manufacturer's serial number of vaccine; and
vii. 
The date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services and the City.
c. 
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccinations in a file maintained for this purpose until the date that the immunization expires or the dog or cat is revaccinated, whichever occurs first. The veterinarian shall provide a monthly report to the City Clerk with a list of all dogs and cats that have received a rabies vaccination in that month. The report shall include all information as listed above in Subsection B1b.
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 substitute tag to a collar and a collar with the tag shall be kept on the dog and cat at all times, but this requirement does not apply to a dog or cat during competition. The substitute tag shall be of durable material and contain the same information as the rabies vaccination tag. These requirements do not apply to a dog or cat which is not required to be vaccinated as allowed under Subsection B1 above.
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.
C. 
Issuance of dog and cat licenses.
1. 
It shall be unlawful for any person in the City of Onalaska to own, harbor or keep any dog or cat more than five months of age without complying with the provisions of Section 7.04.11B1a.
2. 
The owner of any dog or cat 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 or cat becomes five months of age, pay a license fee and obtain a license.
3. 
The license fees for spayed and unspayed females or neutered or unneutered cats and dogs shall be reflected on the City of Onalaska Fee Schedule.
4. 
Upon payment of the required license fee and presentation of evidence that dog(s) or cat(s) are currently immunized against rabies, the City Clerk shall issue to the owner a license containing all information required by state law. The City Clerk 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 or cat for which the license is issued at all times, except as provided in Section 7.04.11B1a.
6. 
If a dog or cat is without a tag attached to the dog or cat by means of a collar, it shall be assumed the animal is unlicensed. Any City police or humane officer shall seize, impound or restrain any animal for which a 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 fee, and every person owning such a dog shall receive annually a free dog license from the City Clerk upon application.
D. 
Limitation on number of dogs and cats.
[Amended 5-9-2023 by Ord. No. 1764-2023]
1. 
Purpose. The keeping of a large number of dogs and/or cats within the City for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs and/or cats is, therefore, declared a public nuisance.
2. 
Number limited. Under no circumstances shall any persons residing within any one residential unit or any one home located on any residentially zoned property or lot own, harbor, board or keep in its possession more than four dogs or four cats, or a combined total of four cats and dogs.
3. 
Animal fancier license procedure.
a. 
License required. Application shall be made to the office of the City Clerk on the form provided by such office, accompanied by a fee as set forth on the City of Onalaska Fee Schedule. Only the owner of the proposed permitted real property, or an occupant of the proposed permitted real property with the owner's written permission, is eligible to obtain an animal fancier license. No person shall keep more than the aforementioned number of animals on any property in the City of Onalaska without an animal fancier license. Licenses shall not be transferable or refundable.
b. 
License expiration. All licenses issued shall expire on December 31 of the year of issuance unless sooner revoked. The City Clerk shall assess and collect a late fee (administrative fee) as set forth on the City of Onalaska Fee Schedule from the property owner of real property for failure to obtain the necessary license prior to April 1 of each year. Said late fee shall be charged in addition to the required application or renewal fee.
c. 
Denial. The City reserves the right to deny an application due to substantiated concerns from the neighbors regarding noise or the care and keeping of the animal.
d. 
Additional requirements.
i. 
The animal fancier license allows one additional dog or cat to reside at a property zoned Low-Density Residential (R-1) or Low-Medium Density Residential (R-2) or in a detached single-family dwelling, twindominium, or duplex over the age of five months for a maximum of five animals.
ii. 
Animal fancier licenses are not allowed for units of three or more or in mobile home communities.
iii. 
No owner shall have more than four dogs or four cats.
iv. 
There shall be no more than one animal fancier license issued to any qualified property.
v. 
The quarters in which the dogs and cats are kept shall be maintained in a clean condition and good state of repair. Enclosures shall be large enough to provide sufficient freedom of movement for the animals contained therein. All yards, pens, premises, enclosures and animals shall be kept free of pest infestations. There shall be no odor or noise nuisance.
e. 
Complaints and revocation. In the event of a complaint to confirm compliance with the permit requirements, the La Crosse County Public Health Department, City of Onalaska and their agents shall have jurisdiction to inspect those parts of the premises where animals are kept. Such inspections shall be made following five days' written notice between the hours of 8:00 a.m. and 4:00 p.m. unless a written complaint has been submitted to the City, signed by an owner or occupant of an adjoining property, alleging that violations occur between 4:00 p.m. and 8:00 a.m. If violations are found, license holders will be allowed 10 days, following written notification of any violations of this subsection or any subsection of Code of Ordinances by the Inspection Department or their designee, to correct any violations. Failure to correct these violations shall result in immediate revocation of the license and any animal in excess of four animals shall be removed from the property within three months of revocation. The City of Onalaska may also revoke a license if there are two or more substantiated violations with in any consecutive twelve-month period of this or any other section of City ordinances.
f. 
Animal breeding. A litter of pups and/or kittens or a portion of a litter may be kept for not more than five months from birth. In nonresidential zoning districts, persons make keep more cats/dogs than the number permitted under this section if allowed within the respective properties' zoning district and upon receipt of a kennel license from the La Crosse County Health Department.
E. 
Late fees. The City Clerk shall assess and collect a late fee as set forth on the City of Onalaska Fee Schedule from every owner of a dog or cat 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 cat or if the owner failed to obtain a license on or before the cat reached licensable age. Said late fee shall be charged in addition to the required license fee.
F. 
Penalties. Any person who violates the provisions of this division shall be subject to a penalty of not less than $100 and not more than $250 for the first violation and not less than $200 and not more than $500, before court costs, for subsequent violations.
A. 
Purpose. The purpose of this section is to establish certain requirements of sound beekeeping practice intended to prevent problems associated with the keeping of bees in populated areas, and to reduce the likelihood of public or private nuisance.
B. 
Definitions. In this section, the following definitions shall be applicable:
APIARY
The assembly of one or more colonies of honey bees at a single location.
BEEKEEPING
A person who owns or has charge of one or more colonies of honey bees.
BEEKEEPING EQUIPMENT
Any item used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
COLONY
An aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times drones, brook, combs and honey.
HIVE
The receptacle inhabited by a colony that is manufactured or created for that purpose.
HONEY BEE
All life stages of the common domestic honey bee, Apis mellifera, species of European origin.
LOT
A contiguous parcel of land under common ownership.
NUCLEUS COLONY
A small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular issue.
UNDEVELOPABLE PROPERTY
Any idle land that cannot be improved due to topographic limitations or geologic soil conditions or retention and stormwater lands or is otherwise protected as undevelopable land.
C. 
Licensing procedure.
1. 
License required. Application shall be made to the office of the City Clerk on the form provided by such office, accompanied by a fee as set forth on the City of Onalaska Fee Schedule. Only the owner of the proposed permitted real property, or an occupant of the proposed permitted real property with the owner's written permission, is eligible to obtain a beekeeping license. No person shall keep, maintain or allow to be kept any hive or other facility for the housing of honey bees on or in any property in the City of Onalaska without a license. Licenses shall not be transferable or refundable.
2. 
License expiration. All licenses issued shall expire on December 31 of the year of issuance unless sooner revoked. The City Clerk shall assess and collect a late fee (administrative fee) as set forth on the City of Onalaska Fee Schedule from the property owner of real property on which an unlicensed hive is present if the owner of the hive failed to obtain a license prior to April 1 of each year. Said late fee shall be charged in addition to the required application or renewal fee.
3. 
Denial. The City reserves the right to deny any renewal application where there have been multiple violations of this section in a one-year period or where greater than 20% of the neighboring properties within 250 feet of the beehive(s) request removal of the beehives by the City.
4. 
License exemption. Any properties with an existing conditional use permit for beekeeping issued on or before October 1, 2017, shall be exempt from the license and renewal requirements under this section. If said conditional use permit is terminated or if any violation of the conditional use permit occurs, at such time the hive shall be required to come into compliance with this section and an annual license and renewal shall be required.
D. 
Additional regulations beekeeping.
1. 
Conditions and exemptions for keeping and maintaining hives.
a. 
Approval of all applications is subject to reasonable restrictions, limitations, conditions or prohibitions prescribed by the City and/or County Health Department in consultation with City Inspection, Fire or Police Departments.
b. 
The number and location of hives, colonies and/or beekeeping equipment used for the housing of honey bees permitted by this section shall be determined by a license issued by the City of Onalaska. Locations in districts zoned residential shall be limited to two hives.
c. 
Beekeeping equipment shall be restricted to rear yards and shall be screened to avoid being visible from the street or sidewalk.
d. 
Beekeeping shall not be allowed on lots with two or more dwellings unless all of the owner(s) and occupant(s) of the additional dwelling(s) provide consent.
e. 
Non-honey bees do not qualify for a license and are not permitted to be kept within the City of Onalaska.
f. 
Beekeeping equipment and hives shall not be located closer than 20 feet from the property line, except that where the property is adjacent to an undevelopable property the beekeeping equipment and hive shall not be located closer than three feet from the property line of the undevelopable property. If at any time the undevelopable property becomes developable, the twenty-foot setback shall apply.
2. 
Beekeeping standards and size limitations.
a. 
A hive shall not exceed 15 cubic feet in size and the hive shall be kept in sound and usable condition.
b. 
In apiaries, the beekeeper shall conspicuously post a sign including the words HONEY BEE HIVE clearly readable at 25 feet.
c. 
The bees and equipment shall be kept in accordance with the provisions of the Wisconsin State Statutes and Administrative Codes and any local or county regulations and any unused equipment shall be secured from weather, potential theft of vandalism and occupancy by swarm.
d. 
City of Onalaska staff shall have the right to inspect any permitted beekeeping equipment between 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper.
e. 
Beekeepers shall assume any and all liability for their bees and therefore are advised to determine whether their homeowners' or renters' insurance covers bees, and secure additional insurance if necessary.
f. 
Notwithstanding any other condition under this section, it shall be unlawful for any person to maintain an apiary or to keep any colony in a manner that threatens public health or safety or creates a nuisance.
g. 
A beekeeper, even if not intentionally keeping honey bees, shall not attract a swarm.
h. 
The Inspection Department or its designee shall investigate any complaints made, and beekeepers shall have 30 days from notice of the complaint to bring the hive(s) into compliance.
E. 
Public nuisance. Violations of this section may constitute a public nuisance under Ch. 823, Wis. Stats. Nothing in this section shall be construed as prohibiting the abatement of public nuisance by the City of Onalaska or its officials in accordance with the laws of the State of Wisconsin, the laws of the United States or the City of Onalaska Code of Ordinances. This section shall also not be construed as otherwise limiting in any way, any other action the City of Onalaska is permitted to bring under the laws of the State of Wisconsin, United States or City of Onalaska ordinances.
A. 
Purpose. The purpose of this section is to establish certain requirements of sound urban chicken practice intended to prevent problems associated with the keeping of chickens in populated areas, and to reduce the likelihood of public or private nuisance.
B. 
Chickens allowed. Chickens (excluding roosters) may be raised, pursuant to the following conditions:
1. 
No parcel shall be allowed more than three female chickens.
2. 
Consent from all on-site residents and the property owner must be obtained.
3. 
Consent from the owners of 51% of abutting parcels.
C. 
License required. Application shall be made to the office of the City Clerk on the form provided by such office, accompanied by a fee as set forth on the City of Onalaska Fee Schedule. No person shall keep, maintain or allow to be kept any chickens on or in any property in the City of Onalaska without a license. Licenses shall not be transferable or refundable.
D. 
Complaints and denials.
1. 
In the event a complaint has been filed with the City prior to renewal of the annual license, within the calendar year prior to renewal, applicants must receive written approval from not less than 50% of the neighboring property owners whose property is within 100 feet of the applicant's property line prior to approval of the annual license renewal.
2. 
The City of Onalaska may revoke a license if there are three or more violations within any consecutive twelve-month period of this or any other section of City ordinances.
E. 
Urban chicken standards. Failure to follow these standards may result in the revocation of a license for a license year:
1. 
Chickens shall be given access to a secure and clean outdoor enclosure and provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and be at least two square feet per chicken in size. Chickens must be kept in the covered enclosure or a fenced enclosure within the back yard of the property at all times.
2. 
No chicken house or pen shall be located closer than 25 feet to any residential structure other than the owner's, nor closer than 10 feet from any parcel line. The chicken house may require a building permit as an accessory structure if over 25 square feet.
3. 
Chickens shall be provided a constant supply of water and food, replenished at least once daily.
4. 
All chicken coops, yards and other buildings shall be kept in a clean, sanitary condition and free from all objectionable odors and shall be subject to the inspection and approval of the City of Onalaska and the La Crosse County Public Health Department or their agents.
5. 
The La Crosse County Public Health Department, City of Onalaska and their agents shall have jurisdiction to inspect the premises upon which chickens are kept and ascertain and determine whether the conditions are unsanitary or if for any reason a nuisance is caused thereby.
6. 
Noise and odor. In accordance with this section, it shall be unlawful for any person, firm, corporation, or other entity operating, having charge of, or occupying any building to own, keep, harbor or allow to be kept any chicken which shall habitually by any noise or odor disturb the peace and quiet of any person in the vicinity thereof.
7. 
Rat harborage to be prevented. All chicken yards, coops, pens or houses shall be constructed or repaired as to prevent rats from being harbored underneath the same or within the walls thereof, and all food products or other products, goods or wares likely to attract or to become infested with or infected by rats shall be protected as to prevent rats from gaining access thereto or coming in contact therewith.
8. 
Slaughter. No person shall slaughter chickens on residential properties except for religious purposes and out of the view of the public right-of-way, provided such slaughtering is done in a humane way subject to approval by the City Inspection Department.
9. 
Registration. Property owners of chickens to register with the Wisconsin Department of Agriculture, Trade, and Consumer Protection pursuant to § 95.51, Wis. Stats., and Ch. ATCP 17, Wis. Adm. Code.
A. 
Providing proper food and drink to confined animals.
1. 
No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.
2. 
The food shall be sufficient to maintain all animals in good health.
3. 
If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.
B. 
Providing proper shelter.
1. 
Proper shelter. 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 the particular county where the animal or shelter is located.
2. 
Indoor standards. Minimum indoor standards of shelter shall include:
a. 
Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
b. 
Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
3. 
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 subsection, "caged" does not include farm fencing used to confine animals.
b. 
Shelter from inclement weather. 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. 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 must be provided.
4. 
Sanitation standards. No person owning, keeping, possessing or harboring an animal as a pet shall allow such animal to soil, defile, defecate on or commit any nuisance on any private or public property. The person responsible for such animal must immediately remove and dispose of all feces so deposited in a sanitary manner. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
C. 
Neglected, abandoned and dead animals.
1. 
Neglected or abandoned animals.
a. 
No person may abandon any animal.
b. 
Any law enforcement 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.
c. 
If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within seven days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.
d. 
Injured or dangerous animals. A political subdivision or person contracting under § 173.15(1), Wis. Stats., who has custody of an animal may have the animal humanely euthanized if there are reasonable grounds to believe that any of the following apply: the animal is hopelessly injured beyond any reasonable chance of recovery, the animal poses an imminent threat to public health or safety, or the animal poses an imminent threat to the health or safety of itself or its custodian.
2. 
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. Any fees owed the City for providing medical treatment or the cost of care for the animal not paid within 30 days of invoice shall be placed as a special charge on the property tax roll pursuant to § 66.0207, Wis. Stats. A person may also contact any animal control agency with whom the City has an agreement or contract and arrange for the pickup and disposal of any such injured animal or bird. Any fee not paid within 30 days of invoice for the pickup of such injured animals or birds shall be placed as a special charge on the property tax roll pursuant to § 66.0207, Wis. Stats.
3. 
Dead animals. Any person having charge or control of any dead domestic animal or bird of any size, or any wild, feral or confirmed stray animal or bird shall remove the same from the City within 12 hours after the time the person is or should be aware of the presence of such dead animal or bird. Any person who fails to remove or cause to be removed any dead animal or bird within 12 hours shall relinquish such rights to any such animal and the animal control officer which may order the animal or bird removed and a charge shall be placed on the property tax roll pursuant to § 66.0207, Wis. Stats. Any person may contact the Public Works Department for removal of dead wild animals or birds. A person may also contact any animal control agency with whom the City has an agreement or contract and arrange for the pickup and disposal of any such dead animal or bird. Any fee not paid within 30 days of invoice for the removal of such dead animals or birds shall be placed as a special charge on the property tax roll pursuant to § 66.0207, Wis. Stats.
D. 
Cruelty to animals.
1. 
Acts of cruelty prohibited. No person except a police officer or health or humane officer in the pursuit of their 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 eggs.
2. 
Leading animal from motor vehicle. No person shall lead any animal upon a City street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.
3. 
Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in § 161.14, Wis. Stats.,[1] whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.
[1]
Editor's Note: See now § 961.14, Wis. Stats.
4. 
Use of certain devices prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.
5. 
Shooting at caged or staked animals. 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.
E. 
Birds in residential areas, pigeon control and fowl prohibited.
1. 
Birds, keeping in residential areas.
a. 
Purpose. The keeping of a large number of birds in a residential district for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of a large number of birds is therefore declared to be a public nuisance.
b. 
Pet bird defined. A "pet bird" is any finch, dove, parrot, canary, parakeet, conure, cockatiel or cockatoo.
c. 
Limited number of pet birds allowed. Under no circumstances shall any persons residing within any one residential unit or any one home located on any residentially zoned property or lot, own, harbor, keep or possess more than four pet birds without first obtaining permission from the Onalaska Common Council.
2. 
Pigeon control.
a. 
Prohibited. Pigeons which are allowed by the property owners to roost or linger on the property or buildings of others pose a health hazard in addition to offending aesthetic senses by pigeon contamination. Such lingering or roosting is a public nuisance.
b. 
Complaints. Whenever a verified complaint of at least two citizens is presented to the Inspection Department alleging that a person is allowing pigeons to linger upon the property of the complainants, the Inspection Department shall inform the owner of such pigeons that such petition has been received and shall cite the owner of the pigeons for the violation alleged in the petition.
3. 
Fowl prohibited. No person may house roosters, ducks, turkeys, geese, pigeons or any other domesticated fowl, or undomesticated fowl; provided, however, that the fowl may be kept at places approved by the City of Onalaska Inspection Department for slaughtering, educational purposes, research purposes and for circuses or similar recreational events.
F. 
Trapping of animals.
1. 
All traps set, placed or tended shall comply with Ch. 29, Wis. Stats., as they relate to trapping.
2. 
This section shall not apply to trapping within the confines of buildings or homes.
3. 
Nothing in this section shall prohibit or hinder the City of Onalaska or its employees or agents from performing their official duties.
G. 
Transportation of animals. No person may keep or transport any animals in or upon any vehicle in a cruel manner. No person shall lead any animal upon any street or alley from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle. No person may transport or leave unattended any animal in an open vehicle bed unless it is confined inside a carrier that is secured to the vehicle.
H. 
Dognapping and catnapping. 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 the City 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 their official duties, or as otherwise permitted herein.
I. 
Additional animal restrictions.
1. 
It shall be unlawful for any person within the City of Onalaska to own, harbor or keep any dog, cat or animal which:
a. 
Habitually pursues any vehicle upon any public street, alley or highway in the City.
b. 
Assaults or attacks any person or destroys property as described in Subsection I2 and 5.
c. 
Is habitually at large within the limits of the City.
d. 
Habitually barks or howls to the annoyance of any person or persons.
e. 
Kills, wounds or bites any domestic animal.
f. 
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.
g. 
In the case of a cat or dog, is unlicensed.
2. 
Dangerous dogs.
a. 
All those who own, harbor, or keep dogs shall abide by Title 12 regulations relating to dangerous dogs.[2]
[2]
Editor's Note: See Section 12.02.15.
3. 
Animals running at large.
a. 
No person having in their possession or ownership any animal or fowl shall allow the same to run at large within the City. The owner of any animal, whether licensed or unlicensed, shall keep its animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Specifically, animals are deemed to be at large when off the premises (structures, motor vehicles, and land itself) of its owner or keeper and not under their control by means of a leash, by being carried, or physically restrained. Any animal running at large unlicensed and required by state law or City ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer. For the purposes of this section, the phrase "running at large" embraces all other places within the City, except the owner's premises. This includes all streets, alleys, sidewalks or other public or private property which may abut the owner's premises.
b. 
It shall be the duty of every law enforcement or animal control officer to seize and impound any stray animal or animal running at large. Said officer shall immediately ascertain, if possible, the identity of the owner or keeper of each animal so seized by diligent inquiry.
c. 
If returned to the owner or keeper, said person shall pay to the City the veterinary fee, if any, and a fine. Any animal not claimed within seven days shall be disposed of in a proper and humane manner.
J. 
Penalty. Any person who violates this section shall be subject to a fine of not more than $250, before court costs, for the first violation and not more than $500, before court costs, for subsequent violations.
A. 
Duty of owner in case of an animal bite.
1. 
General requirements. Every owner or person harboring or keeping an animal who knows that such animal has bitten any person shall immediately report such fact to the Police Department and shall keep such animal confined for not less than 10 days or for such period of time as the Police Department shall direct. The owner or keeper of any such animal shall surrender the animal to a law enforcement officer or humane officer upon demand for examination.
2. 
Specific responsibilities of a pet owner.
a. 
Animal bites. The owner of any animal which has bitten any person shall, upon demand of the Humane Officer or County Health Department, produce and surrender up such animal to such department to be held in quarantine as described in Subsection B below.
B. 
Biting and rabies quarantine.
1. 
Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats and other animals within the City shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The City Clerk shall promptly post in at least three public places in the City notices of quarantine.
2. 
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 if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
3. 
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies. The owner of any animal which has bitten any other person, is infected with rabies or is suspected to have been in contact with a rabid animal shall, upon demand of a Humane Officer or Police Department, produce and surrender up such animal to be held in quarantine for a minimum of 10 days. If a quarantine cannot be imposed because the animal cannot be captured, the Humane Officer or Police Officer may kill the animal only as a last resort. The law enforcement officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.
4. 
Quarantine.
a. 
Delivery to animal shelter or quarantine on premises of owner. A law enforcement officer who orders an animal to be quarantined shall deliver the animal or shall order the animal delivered to an animal shelter or a veterinary hospital of the owner's choice as soon as possible but no later than 24 hours after the original order is issued or the law enforcement 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. Charges for boarding of such animal during the quarantine period shall be assumed by the owner of such animal. During quarantine, the animal shall be securely confined and kept from contact with any other animal.
b. 
Risk to animal health. If an animal is ordered by a Humane Officer, Police Department or County Health Department to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the animal is not currently immunized against rabies, the custodian of an animal shelter or the owner shall produce and surrender up such animal to the Department, to be held in quarantine at a veterinary hospital for a period needed by the veterinarian to determine if it is rabid or not. The owner shall assume the charge for boarding such animal during the quarantine period. The owner shall be required to have the animal immunized against rabies prior to removing the animal from quarantine.
c. 
Sacrifice of an animal exhibiting symptoms of rabies. If a licensed veterinarian diagnoses an animal in quarantine as having rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the animal shall be humanely euthanized and the head of such animal sent to the State Laboratory of Hygiene for pathological examination and confirmation of diagnosis. The State Laboratory of Hygiene shall examine the specimen and notify the City, veterinarian and local health department of its findings and, if the animal is suspected to have bitten a person, that person or the person's physician.
5. 
Cooperation of veterinarian. Any practicing licensed 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, animal shelter, the local Health Department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
6. 
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 animal shelter, supervision and examination of the animal by a veterinarian, preparation and transport for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for preparation and testing/shipping fees and the City of Onalaska is responsible for quarantine costs.
7. 
Penalty. An owner who refuses to comply with an order issued under this section to deliver an animal to an officer, animal shelter 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, before court costs, or imprisoned not more than 60 days or both.
C. 
Impoundment of animals.
1. 
Animal control agency.
a. 
The City of Onalaska may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.
b. 
The City of Onalaska does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this.
2. 
Impounding of animals. In addition to any penalty hereinafter provided for a violation of this section, any law enforcement or humane officer may impound any 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.
3. 
Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or Humane Officer, the animal shall be impounded at the animal shelter. For those animals that are impounded as strays or abandoned, if within four days the owner does not claim such animal, the animal shelter may dispose of the animal in as provided for under Wisconsin Statute, provided that if an animal before being impounded has bitten a person, the animal shall be retained in the designated animal shelter for 10 days for observation purposes. For all other animals, if within seven days the owner does not claim such animal, the animal shelter may dispose of the animal 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 designated animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Common Council. No animal shall be released from the animal shelter without being properly licensed if so required by state law or City ordinance. In any case where the owner of an animal is known and the owner does not claim such animal within the applicable time period as set forth above, the owner shall be assessed all costs for the impoundment and disposal of such animal. Any fees not paid within 30 days of invoice for impoundment or disposal shall be placed as a special charge on the property tax roll pursuant to § 66.0207, Wis. Stats.
4. 
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.
[Amended 6-19-2023 by Ord. No. 1767-2023]
A. 
Unless expressly authorized elsewhere in this Title, it shall be unlawful for any person to own, keep, harbor or have custody of any of the following on any property or in any residence, household or dwelling unit within the City:
1. 
Any poisonous or dangerous carnivorous animal or reptile, herbivorous animal or reptile, any vicious, wild or exotic animal or any other animal of violent propensities, including, but not limited to, all poisonous snakes, constrictor snakes six feet or more in length, pythons (rock, reticulated, and scrub), green anacondas, nonhuman primates, wild feline species, including exotic cat crossbreeds, wolves or hybrid dogs that are part wolf, poisonous insects, arachnids, or any wild animal as defined under § 169.01(37), Wis. Stats.
2. 
Any domestic farm animals (including but not limited to horses, mules, ponies, llamas, alpacas, donkeys, cows, pigs, goats, sheep, pigeons, duck, quail, or chickens except as allowed under Section 7.04.13) or livestock within the City in any area, regardless of size, except as allowed in the Unified Development Code on parcels zoned Agricultural (A-1) District.
3. 
Endangered species.
4. 
Animals not listed in this section shall be prohibited unless similar to those listed below in Subsection C or as individually approved by the Common Council.
B. 
Any humane officer or law enforcement officer shall be empowered to immediately impound any prohibited animal found within the City, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the animal has been tamed or born and/or raised in captivity.
C. 
Exemptions.
1. 
A civil, religious, educational or charitable organization or residential unit may maintain up to 10 total of the following captive-bred and domesticated species: rodents, turtles, ferrets, rabbits, lizards, frogs, chinchillas, hedgehogs, hamsters, guinea pigs, gerbils, mice and rats and nonpoisonous, nonconstricting snakes. An individual may have more than five of a species as a result of breeding, provided such babies may only be kept for up to four months after birth.
2. 
The provisions outlined in this section shall not be deemed to prevent care, custody, rehabilitation or recuperation by licensed veterinary clinics or animal humane societies, pet or farming supply shops, for research purposes by persons holding federal permits or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources.
3. 
A civil, religious, educational or charitable organization may hatch and maintain up to five baby chicks from birth to four weeks of age without a keeping of chickens license under Section 7.04.13 up to two times per year.
4. 
Events which have an approved transient and temporary public entertainments license under Division 3 of Chapter 5 of this Title are exempt from this section.
A. 
Protected animals.
1. 
Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the City any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), Mexican ridley turtle (lepidochelys kempi).
2. 
Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
3. 
Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
B. 
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
A. 
Injury to property by animals. The provisions of § 174.02, Wis. Stats., relating to owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference. Further, 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, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate or urinate thereon.
B. 
Barking dogs or crying cats. 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 section when two formal, written complaints are filed with the Police Department within a four-week period.
C. 
Vehicle accidents. The operator of any vehicle involved in an accident resulting in injury to or death of a dog, cat or other animal which appears to be a pet shall immediately notify the Police Department or an animal control agency whose jurisdiction extends into the City.
A. 
Except as otherwise indicated, any person who violates this chapter shall be subject to a fine of not more than $200, before court costs, for the first violation and not more than $500, before court costs, for subsequent violations.