City of Edgerton, WI Animals

Requirement. The owner of a 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, on or before the date the dog or cat became five months of age, pay the dog or cat license fee and obtain a license. Said license fee and license shall be obtained at City Hall or other appropriate place designated by the City.

License tags required on dogs and cats. All dogs and cats required to be licensed under § 178-4A(1) shall wear the appropriate license tag or other permanent identification such as a tattoo which permanently identifies the dog or cat and which permanent identification is registered with the City of Edgerton. Said license tag shall be worn whenever said cat or dog is outdoors unless the cat or dog is securely confined to a fenced area or kennel under the control of the owner or some other person acting on behalf of the owner. The fact that a dog or cat is without a tag attached by means of a collar shall be presumptive evidence that the dog or cat is unlicensed. Any City police or humane officer may seize, impound or restrain any dog or cat for which a dog or cat license is required which is found without such tag attached. However, no person shall be cited under this section for having an untagged cat or dog if said person can produce within five days of the apprehension of the cat or dog proof that said cat or dog was validly licensed at the time of the apprehension of said cat or dog.

License fee/tax for dogs and cats are included on the current City Fee Schedule.

§ 178-4 Rabies control program.

Wisconsin Statutes adopted. The statutory provisions providing for the control of rabies in dogs and cats and the vaccination of dogs and cats to prevent rabies are hereby adopted and by reference made part of this chapter with the same force and effect as though set forth herein, to-wit: § 95.21, Wis. Stats., or any amendments thereto.

Rabies vaccination required. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within 30 days after the dog or cat reaches four months of age, and the dog or cat shall be revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the City after the dog or cat has reached four months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the City, unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat 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. .

Offensive and diseased dog or cat. No person shall keep any dog or cat which he or she has reason to suspect may be afflicted with rabies. Any person who has reason to suspect any dog or cat of being afflicted with rabies shall report such fact to the authorities, and if upon examination such dog or cat shall prove to be so afflicted, the dog or cat may be treated as set forth in § 95.21, Wis. Stats.

Dogs and cats infected by rabies. When any dog or cat has been found to be infected by rabies, the Mayor, after consulting with the County Health Department, may by proclamation designate an area in which all dogs and cats are require to be quarantined or muzzled when off the premises of the owner or be subject to immediate seizure and impounding, or immediate destruction by police officers or other City officers or employees if said dog or cat cannot be immediately seized.

Rabies quarantine.

Confinement of dogs and cats. If an area or property is quarantined for rabies, all dogs and cats within the area 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 Administrator shall promptly post notices of quarantine in at least three public places in the City.

Exemption of vaccinated dog or cat. 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 of Subsection E(1) of this section if a rabies vaccination tag or substitute tag is attached to the dog' s or cat's collar.

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

Dog or cat. An officer shall order a dog or cat quarantined if the officer has reason to believe that the dog or cat 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 dog or cat. 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 dog or cat in a humane manner and in a manner which avoids damage to the animal's head.

Other animals. Any officer may order killed or may kill an animal other than a dog or cat if the person has reason to believe that the animal bit a person or is infected with rabies.

Sacrifice of dog or cat. Any officer may order killed or may kill a dog or cat if the owner of the dog or cat violates § 95. 21(5)(a), (b) or (c), Wis. Stats.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall deliver the dog or cat or shall order the dog or cat 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 dog or cat to be quarantined on the premises of the owner if the dog or cat is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the dog or cat bit a person, the custodian of an isolation facility or the owner shall keep the dog or cat under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, the term "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 dog or cat may be released from quarantine at the end of the observation period.

Risk to animal health.

[1]

If a dog or cat is ordered to be quarantined because there is reason to believe that the dog or cat 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 dog or cat leashed or confined for 180 days. The owner shall have the dog or cat vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

[2]

If a dog or cat is ordered to be quarantined because there is reason to believe that the dog or cat 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 dog or cat leashed or confined for 60 days. The owner shall have the dog or cat revaccinated against rabies as soon as possible after exposure to a rabid animal.

(d)

Sacrifice of 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 dog or cat quarantined and the officer or veterinarian shall kill the dog or cat 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.

(5)

Delivery of carcass; preparation; examination by State Laboratory of Hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department.

(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 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.

§ 178-5 Animal nuisances affecting public health and safety.

Animals not to run at large. All dogs, cats and other animals are prohibited from running at large except for pets in a designated exercise area in a City park. An animal is considered running at large if it is off the premises of its owner and not under the leash control of its owner or some other person. Pets in designated exercise areas are not considered running at large if their activities comply with rules posted for the exercise area.

Carcasses. Carcasses of animals shall be buried or otherwise disposed of in a sanitary manner within 24 hours after death.

Animal excreta/responsibility. It shall be unlawful for any person accompanying a dog or cat or other animal to permit such animal to defecate upon any public or private place without the consent of the owner thereof. However, the owner or person accompanying the said animal shall not be prosecuted under this subsection if the person accompanying said animal immediately cleans up and removes the defecation from the private or public property. A violation of this subsection may be prosecuted against either the owner of the animal or the person accompanying the animal.

Noisy animals or fowl (barking dogs). No person shall keep or harbor any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing, or making other noises, shall materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities.

Duties of owner in cases of dog or cat bite. 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 a police officer, who shall take appropriate action as required by § 95.21(4), Wis. Stats. The owner or keeper of any such dog or cat shall surrender the animal to a law enforcement officer or humane officer upon demand for examination.

Vicious animals.

The Police Chief may issue an order declaring an animal to be vicious on any of the following grounds:

The animal has attacked, bitten, injured, or killed another animal or a human being

The animal has, off the property of its owner, chased, confronted or approached a person in a menacing fashion that would put a reasonable person in fear of being attacked.

The animal, while on the property of its owner, chases, confronts or approaches a person located on an adjacent public or private property in a menacing fashion that would put a reasonable person in fear of being attacked.

(d)

The animal has been trained for fighting or attack.

(e)

The animal has acted in any manner demonstrating that the animal is a threat to public safety.

If the Police Chief issues an order declaring an animal to be vicious, the Police Chief shall, in his discretion, either require the animal to be removed from the City, or place restrictions on the animal and its owner and allow the animal to remain in the City subject to the restrictions, except that the order shall require the removal from the City of an animal that has been trained for fighting or attack. The restrictions imposed by the Police Chief may include, but are not limited to, a requirement that the animal's owner pay applicable forfeitures, penalties, and/ or damages as set forth in § 178-10.

An order declaring an animal to be vicious shall be personally delivered to the owner of the animal, if the owner can with reasonable diligence be determined.

An owner aggrieved by an order issued by the Police Chief declaring an animal to be vicious may appeal the order to the Public Safety Committee by giving written notice of such appeal to the City Clerk within 10 days of receipt of the order. The Public Safety Committee shall then set a time and place for a hearing, shall conduct a hearing at which the appellant and the Police Chief may present witnesses and be heard, and shall issue a written decision, which written decision shall be provided to the appellant and the Police Chief. The Public Safety Committee, in its discretion, may issue its written decision at the same meeting during which the hearing is held or at the next Public Safety Committee meeting. Either the appellant or the Police Chief may appeal the decision of the Public Safety Committee to the City Council by giving written notice of such appeal to the City Clerk within five days of receipt of the written decision. The City Council shall then act on the appeal, although no hearing is necessary. The appellant or the Police Chief may, within 30 days after the City Council issues its decision, appeal the decision by certiorari review to Rock or Dane County Circuit Court based on the appellant's address.

(5)

The conditions of an order shall be stayed during the pendency of a lawful appeal, except that if the Police Chief determines that certain conditions must be immediately and continuously imposed to protect the public from immediate danger from the animal, such conditions shall remain in effect during the pendency of the appeal. As part of the appeal, the owner aggrieved by the Police Chief's order may appeal to the Public Safety Committee the immediate and continuous imposition of the conditions and seek to have them stayed during the pendency of the appeal.

(6)

Any person who knowingly possesses, harbors or keeps an animal in violation of an order declaring the animal to be vicious or who otherwise knowingly violates the terms of an order declaring an animal to be vicious shall be subject to a forfeiture under § 178-10. Each day a violation continues shall constitute a separate offense.

§ 178-6 Dog and cat impoundment.

Contractual agreement to provide shelter or confinement; animal control agency.

The City may contract with or enter into an agreement with a person to provide for the operation of an animal shelter, for the impoundment of stray animals, for the confinement of certain animals and for the disposition of impounded animals.

The City delegates any such animal control agency the authority to act pursuant to this section.

Grounds for impoundment dogs and cats with current visible identification, together referred to as " eligible animal" in this section. In addition to any penalty, forfeiture, or damages imposed for a violation of this chapter, and in addition to any other grounds for impoundment stated in the state statutes, a police officer, humane officer or animal control officer may impound any eligible animal that violates § 178-4D or 178-5A or F. Any person not a police officer or other City officer or employee seizing and restraining such eligible animal shall notify a police officer within eight hours of such seizure or restraint, and such police officer shall arrange for the prompt impounding of the animal.

Actions when impounded: An animal shelter, organization, or officer who is notified or to whom the eligible animal is delivered shall attempt to notify the owner as soon as possible if the owner is known or can be ascertained with reasonable effort. The officer or animal shelter who is notified and to whom the eligible animal is delivered shall keep a record of each animal, giving a description of the animal, the dates of its impoundment, if any, and the disposition of the animal. If the animal is kept by or released to a person, the record shall include the name, address and date of delivery of the dog. This is a public record. All eligible animals impounded by police officers or any other City officer or employee shall be impounded at a facility designated by the City of Edgerton for the impounding of animals.

Impounding cats without current visible identification. Any cat found to be running at large that does not have current identification may be seized, restrained, and held by any person. Any person not a police officer or other City officer or employee seizing and restraining such cat shall, as soon as practicable after such seizure or restraint, either deliver the cat for the prompt impounding at the designated Humane Society facility or release such cat. A animal shelter or organization to whom the cat is delivered shall attempt to notify the owner as soon as possible if the owner is known or can be ascertained with reasonable effort. The animal shelter where the cat is delivered shall keep a record of each cat, giving a description of the cat, the dates of its impoundment, if any, and the disposition of the cat. If the cat is kept by or released to a person, the record shall include the name, address, and date of delivery of the cat. This is a public record.

Conditions of release. The officer or animal shelter to whom an animal is delivered may release the animal to its owner or representative of the owner, if:

The owner or representative gives his or her name and address; and

The owner or representative presents evidence that the animal is duly licensed in the City of Edgerton or in the municipality of residence of the owner, and presents evidence that the animal is vaccinated against rabies or a receipt from a licensed veterinarian for prepayment of a rabies inoculation; and

The owner or representative pays a pickup fee as set from time to time by City Council and also pays any impoundment fees required by the agency or animal shelter where the animal is kept.

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

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal warden may sell the animal to any willing buyer.

(5)

City liability. The City and 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.

§ 178-7 Trapping.

Prohibited in general. No person, firm, or corporation shall, within the City limits, trap any animal, wild, domesticated or otherwise, nor place, lay or in any other manner set any trap designed for such a purpose unless excepted under § 178-7B below.

Exceptions. The following exceptions shall apply:

The prohibition in § 178-7A shall not apply to the owner of any land who sets animal traps inside a building or sets live traps on the owner's land for control or elimination of animal pests. The prohibition in § 178-7A shall also not apply to any federal, state or local government official who sets traps as part of any act within the scope of such official's employment.

Traps shall be allowed in certain publicly owned areas subject to approval of the City Police Chief. Such traps may be set only in the months of November and December and must be set in a minimum of three inches of water and will not be allowed on dry land. Permitted traps must be conibear traps of a size for muskrat trapping only. Twenty-five traps are the maximum number allowed per trapper. The City is not responsible for damages that arise from the use of any traps.

§ 178-8 Miscellaneous animal regulations.

Prohibited in parks and cemetery. No person shall have any animal in a park within the City of Edgerton without the permission of the City Council.

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

Wild, exotic or vicious animals as pets prohibited. No person shall keep or permit to be kept any wild, exotic or vicious animal as a pet or otherwise.

Maximum dog and cat numbers allowed.

Purpose. The City Council finds that keeping large numbers of cats and dogs contributes to the degradation of the public health and general welfare by tending to create unreasonable noise and pet odors, and possession of large numbers of cats or dogs can create serious health risks to the public and the caretakers when the burden to care and clean overwhelm individuals charged with the care of such animals. The City Council further finds that addressing such public health and welfare issues on a case-by-case basis relying solely on the existence of actual public or private nuisances is not an effective or practical method of addressing such issues and that, by contrast, it is not unreasonable to limit the numbers of cats and dogs harbored, sheltered or possessed and that such a regulation provides a more effective and practical method of addressing the public health and general welfare concerns attendant to the keeping of a large number of such pets.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

FOSTERING FACILITY

A facility that has been approved by the Dane or Rock County Humane Society to foster animals.

KENNEL

Any premises licensed under § 174.053, Wis. Stats., and in accordance with § 450-33D(8) or portion thereof, where dogs or cats are maintained, boarded, bred or cared for in return for remuneration or are kept for the purpose of sale.

PREMISES

Any parcel of land including improvements considered a single unit for purposes of use or occupancy. As applied to multifamily dwellings, the term shall refer to each dwelling unit.

RESCUE FACILITY

A facility that has been approved by the American Kennel Club to care for abandoned or abused animals.

Prohibitions. Not more than a combined total of four dogs and cats of licensing age may be maintained at any single-family dwelling unit. Not more than a combined total of two dogs and cats of licensing age per dwelling unit may be maintained at any structure containing more than one dwelling unit.

Exceptions. The prohibition contained in Subsection C(3) of this section shall not apply to the following, so long as all applicable state, county or City zoning, licensing or other laws or regulations are satisfied:

Dogs and cats under the age of five months.

Service animals as that term is used and interpreted by the federal Americans with Disabilities Act.

A fostering facility or a rescue facility.

(d)

Pet shops.

(e)

Veterinary hospitals or clinics.

(f)

Kennels.

(g)

Pet grooming parlor.

Keeping of livestock, rabbits, and fowl. It shall be unlawful for any person, unless in compliance with Chapter 450, Zoning, of this Code, to keep, maintain, or raise farm animals, including but not limited to horses, mules, donkey, ponies, cows, pigs, goats, sheep, fowl, steers, rabbits (except for up to three rabbits kept as pets inside a residential structure), poultry (except for chickens kept in compliance with Chapter 450), or other animal raised for fur-bearing purposes. It shall be unlawful for any person, for himself or for any person, firm or corporation, to build, erect, maintain, or use on any lot or parcel of land any hog pen or yard, chicken coop or yard, dove cote or other buildings or yard for the purpose of keeping or housing any pigs, rabbits, geese, ducks, doves, chickens (except for chicken enclosures kept in compliance with Chapter 450), or other fowl unless in compliance with Chapter 450, Zoning, of this Code.

Keeping of chickens.

Requirement. The following must occur before the keeping of any chicken(s):

An application for a chicken enclosure permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications for all improvements that are in compliance with § 450-33E(26) and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee shall accompany such application.

The Building Inspector must approve the improvements after an inspection of the improvements.