[Adopted 7-6-2010 by Ord. No. 2010-02 (Sec. 12.10 of the
2003 Municipal Code); amended in its entirety 12-6-2021]
[Amended 3-7-2022 by Ord. No. 2022-002]
As used in this article, the following terms shall have the
meanings indicated:
A member of Amphibia, a class of vertebrates intermediate
between fish and reptiles, such as frogs, toads and salamanders.
Includes, but shall not be limited to, dogs, cats, horses,
reptiles, poultry, birds or other fowl, or amphibians, whether domesticated
or not.
The person or persons contracted by the Village as its enforcement
officer or officers, under the direction of the Blanchardville Police
Department Officer in Charge. The Officer in Charge shall be under
the general supervision of the Public Safety Committee.
Any premises designated by the Village for the purpose of
impounding and caring for all animals found running at large in violation
of this article.
An animal is under control within this article if it is on
a leash or otherwise physically restrained, or within a vehicle being
driven or parked on the streets, or on the property of its owner or
keeper.
An animal that is not normally domesticated in the United
States or is wild by nature.
An animal shall have been considered exposed to rabies within
the meaning of this article if it has been bitten by or been exposed
to any animal known to be infected with rabies.
An animal is kept within the Village of Blanchardville when
it is housed, routinely fed, or maintained within the Village corporate
limits.
Any horse, bovine, sheep, goat, pig or domestic fowl, including
game fowl raised in captivity.
Any person, group of persons, or corporation owning, keeping,
or harboring an animal or animals. The occupant of any premises on
which an animal remains or to which it customarily returns frequently
for 10 days is presumed to be harboring or keeping the animal within
the meaning of this article.
Having the ability to cause serious harm or death by the
transfer of venom or poison to a human or animal.
A member of Reptilia, a class of cold-blooded vertebrates,
including snakes, lizards, crocodiles, alligators, and turtles.
An animal shall be deemed to be at large when it is off the
property of its owner, not on a leash and/or the leash is not under
physical control of some person.
Village of Blanchardville.
Any mammal, bird, reptile, amphibian, animal, or the like,
which, in its uncaptured wild state, has the physical capacity to
be dangerous to the safety and welfare of any person or property.
Examples of such wild animals include, but are not limited to, ferrets,
bears, wolves, coyotes, cougars, bison, tigers, monkeys, apes, snakes,
reptiles, and raptors, but excluding dogs, cats, pet birds such as
canaries and parakeets. Reducing such wild animals to captivity, whether
trained, raised or bred in captivity or otherwise considered domesticated
in any manner, shall not remove such wild animals from these requirements
and regulations.
A.
The provisions of this article shall be enforced by the law enforcement
personnel of the Village of Blanchardville. The officers shall apprehend
and confine animals as provided for herein and are authorized to issue
citations in the Lafayette County and Iowa County Circuit Courts for
violations of this article.
B.
The Blanchardville law enforcement officer, upon receipt of information
indicating probable cause of a violation, may, in his or her discretion,
issue either a citation or a warning ticket and/or corrective notice.
Such warning citation shall only be issued if the officer believes
that such warning action is not contrary to the immediate health and
safety of the general public or any animal.
Chapter 174, Dogs, of the Wisconsin Statutes, exclusive of any
provisions therein relating to penalties to be imposed or the punishment
for violation of such statutes, is hereby adopted by reference and
made a part of this article as if fully set forth herein. Any act
required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this article. Any
further amendment, revisions or modifications of the statutes incorporated
by reference are intended to be made a part of this article.
A.
No person shall own, keep or harbor any dog within the Village of
Blanchardville unless such dog is licensed as herein provided. Written
application for a license shall be made to the Village Clerk and shall
state the name and address of the owner and the name, breed, color
and sex of the dog. No license shall be issued without proof of current
rabies vaccination. The license fees shall be paid when making application,
and a numbered receipt shall be given to the applicant. The Village
Board shall set the fees.
C.
All dog licenses shall be issued for one year beginning January 1.
The full license fee shall be paid for any dog more than five months
of age on or before July 1 of the license year. Dogs becoming five
months of age after July 1 or becoming owned or in the custody of
a Village resident after July 1, shall pay 1/2 the applicable fee.
D.
A late fee shall be collected if the owner fails to obtain a license
prior to April 1 of each year or within 30 days of acquiring ownership
of a licensable dog on or before the date the dog attains a licensable
age.
E.
Delinquent dog license fees shall be collected in the manner specified
in § 74.11, Wis. Stats., for collection of personal property
taxes. The law enforcement officer of the Village may issue a citation
and bring action in Lafayette or Iowa County Circuit Court for failure
to license as required by this article.
F.
Issuance of license. Upon receipt of the required fee and exhibition
of the certificate of vaccination required, the Village Clerk shall
issue to such person a license to keep such dog. Such person shall,
upon procuring the metallic license, attach the tag to a collar which
is worn by the dog.
G.
If the metallic license tag issued for a dog is lost, the owner shall
obtain a new tag upon the payment of a replacement fee.
H.
If there is a change of ownership of a dog during the license year,
the new owner shall have the license transferred to his or her name
upon payment of an animal transfer fee.
I.
No person shall use any dog license, receipt or license tag issued
for a specific dog on another dog.
[Amended 3-7-2022 by Ord. No. 2022-002]
A.
No cat, dog or other domesticated animal shall be permitted to run
at large within the Village of Blanchardville. An animal is considered
to be running at large if it is not on the premises of its owner,
not leashed and/or the leash is not under physical control by the
owner or some other person.
B.
The owner of an animal shall promptly remove and dispose in a sanitary
manner any feces deposited by such animal upon any public or private
property. Seeing Eye dogs used by blind persons or dogs used in police
activities are exempted when used by or with the permission of the
Village.
There shall be no feeding of ducks, geese, gulls or any other
wild, nondomesticated animals within the Village limits, except this
section shall not prohibit the feeding of trumpeter swans, or the
feeding of birds or squirrels using common household bird feeders
or squirrel feeders.
The Village shall follow the Wisconsin Statutes regarding operation
and maintenance of kennels. No kennel may be located in any residentially
zoned district with the Village of Blanchardville. Before any kennel
is operated within the Village corporate limits, the person or entity
intending to operate the same shall obtain a special permit from the
Village Board, which shall adopt separate rules and regulations for
such operations. No person, persons, or entity shall keep more than
three dogs over the age of five months in a single household unless
a kennel license has been issued by the Village.
A.
No person shall own, harbor or keep any animal under the following
circumstances:
(1)
Any animal which habitually pursues any vehicle upon any public street,
alley or highway.
(2)
Any animal which assaults or attacks any person or molests or annoys
any person when that person is off the property of the owner or custodian
of such animal.
(3)
Any animal which habitually barks or howls to the annoyance of any
two or more unrelated persons or habitually barks or howls between
the hours of 10:00 p.m. and 7:00 a.m., central standard time.
(4)
Any animal which runs at large.
(5)
Any unlicensed or untagged animal which should be legally licensed
and/or legally tagged.
(6)
Any animal which molests or defiles or destroys any property, excepting
that of the owner or custodian.
B.
No wild animals, no snakes of any kind, no reptiles of any kind,
and no exotic animals of any kind may be kept within the Village of
Blanchardville, except under the following circumstances:
(1)
Such animals may be kept for exhibition purposes by public zoos.
For purposes of this section, a "public zoo" is an entity operated
by the State of Wisconsin or any governmental entity.
(2)
Such animals may be kept by a licensed veterinarian, for the purpose
of providing medical treatment of the same.
(3)
No more than two nonpoisonous reptiles per household may be kept,
for purposes of pets of the inhabitants, provided that such reptiles
are less than 18 inches in length and will not exceed 18 inches in
length throughout their expected life span.
C.
No person shall own, harbor or keep any livestock within the Village
limits without authorization by the Village Board.
D.
No person shall keep or harbor any dog or other domesticated animal
which is known to be mad, rabid, vicious or dangerous to the public,
whether such animal is licensed or unlicensed.
E.
Any dog or other animal impounded by the Police Department for violation
of this article may, upon establishment to the satisfaction of a court
of competent jurisdiction of the vicious character of said animal
by testimony under oath, be euthanized in accordance with an order
from such court.
A.
Every fierce or vicious animal shall be confined within a building
or secure enclosure, and the owner shall not take such animal out
of such building or enclosure unless muzzled and leashed.
B.
Every female dog in estrus (heat) shall be kept in a building or
secure enclosure so that such female dog cannot come in contact with
other animals, except for controlled breeding purposes.
C.
Confinement of pit bulls. The owner of a pit bulldog shall confine
such dog within a building or secure enclosure and shall not take
such dog out of such building or enclosure unless such animal is muzzled
and leashed.
D.
Confinement of wolf hybrids. The owner of a wolf hybrid shall confine
such hybrid within a building or secure enclosure and shall not take
such dog out of such building or enclosure unless muzzled, leashed,
or crated.
E.
Permits for wolf hybrids. A Wisconsin Department of Natural Resources
permit is required for ownership of wolf hybrids in the State of Wisconsin.
A copy of this permit shall be filed with the Village Clerk by the
owner of the wolf hybrid.
F.
Cage confinement of dogs and animals is restrictive and stressful
and shall only be used for temporary confinement. Dogs and cats should
not be caged except upon veterinary advice, transport or other professionally
accepted practices. Dogs kept in cages for these reasons shall be
removed and exercised for a minimum of two hours, once a day, or 1/2
hour in the forenoon and 1/2 hour in the afternoon of each day.
G.
Dog cages shall be kept free of urine and fecal material.
H.
Cats confined in cages must be provided with litter pans and litter
material and a sleep area on a shelf away from the litter pan. Litter
pans shall be cleaned and changed regularly to prevent odor and accumulation
of urine and fecal material.
A.
Cages for small mammals and rodents, such as guinea pigs, rabbits
and hamsters, shall be of sufficient size to permit foraging activities
and contain a place to burrow or nest and space necessary for the
animal to exercise.
B.
Water shall be available at all times to animals kenneled or confined
in terrariums or habitats. Water shall be fresh daily, clean and in
a rust- and algae-free container.
C.
Cages for birds shall be large enough for the bird or birds to exercise
and move about easily and have sufficient and properly sized horizontal
perch space.
D.
Cages for mammals, reptiles or birds shall be usable, maintained
in a safe and healthful manner and be free of standing water, accumulated
waste or debris.
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.
B.
Pen 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. The following minimum space, excluding
shelter space, shall be provided for dogs in pens (not cages):
|
Minimum Space in Square Feet
| |||
|---|---|---|---|
|
Number of Dogs
|
Small Dogs
(to 25 pounds)
|
Medium Dogs
(25 to 50 pounds)
|
Large Dogs
(over 50 pounds)
|
|
1
|
21
|
60
|
80
|
|
2
|
32
|
80
|
96
|
|
3
|
45
|
96
|
140
|
C.
Dogs and cats kept outdoors shall be provided with access to shelter
to allow them to remain dry during rain or snow.
D.
Doghouses. Every person in charge or control of any dog which is
kept outdoors or in an unheated enclosure shall provide such dog,
as a minimum, with shelter and bedding as described in the following
subsections:
(1)
Such shelter shall include an insulated, moisture-proof and windproof
structure of suitable size to accommodate the dog's postural adjustments
yet small enough to allow retention of body heat, and which shall
be made of durable material, constructed with a solid floor raised
at least two inches from the ground and situated with the entrance
facing away from prevailing winds during the appropriate season.
(2)
Structural strength. The housing facility shall be structurally sound
and maintained in good repair to protect animals from injury.
(3)
During the winter season, the following shall apply: the entryway
shall be protected by a self-closing door, an offset outer door or
a flexible flap made of windproof material. The shelter shall be shaded
during the hot months. Bedding, such as cedar shavings, straw, or
other nonabsorbent material, shall be provided in sufficient quantity
for insulation against cold and damp. Bedding shall be kept dry.
(4)
If doghouses with chains are used as primary enclosures for dogs
kept outdoors, the chains used shall be so placed or attached that
they cannot become entangled with the chains of other dogs or objects
which will prevent the animals from entering the shelter.
(5)
If dogs are tethered, the chain, rope or appliance shall be equipped
with a swivel to prevent tangling.
(6)
Free access to porches, garages, or port-a-doors with special areas
within shall be considered satisfactory shelter.
(7)
Proper drink shall mean clean, rust-free, and algae-free drinkable
water available at all times.
(8)
All water receptacles shall be kept clean and sanitary, be of appropriate
design and size for the animal and be positioned or affixed to prevent
spills.
A.
Ambient temperatures. The ambient temperature shall be compatible
with the health of the animal.
B.
Mechanical means to provide fresh air and prevent moisture condensation
shall be provided.
C.
Heat and light. Natural or artificial lighting and heat shall be
supplied to provide for the health of the animal at all times.
D.
Lighting of primary enclosures shall be designed to protect animals
from excessive illumination. The duration of illumination shall be
appropriate for the species involved.
E.
Holding areas shall be constructed to allow a free flow of fresh
air.
A.
Section 95.21 of the Wisconsin Statues and the Lafayette County Ordinance
on animal bites, including all future amendments, other than the penalty
provisions, are hereby adopted by reference.
B.
Any unwanted or stray dog or cat, wild animal or rabies-vaccinated
dog or cat which, in the opinion of a physician or veterinarian requires
immediate diagnosis and which has bitten any person shall be euthanized
immediately and the head submitted to a qualified laboratory for fluorescent
examination for rabies.
C.
Any animal which has bitten any person and which shows evidence of
rabies inoculation shall not be impounded but shall be confined at
such place as designated by the Village law enforcement officer for
a period of 10 days under the supervision of a licensed veterinarian.
If the animal exhibits symptoms of illness, the dog or cat shall be
impounded under the supervision of a licensed veterinarian. In either
case, the veterinarian shall, at the end of such period, make a report
of the findings to the Department of Health. For purposes of this
article, display of a license tag shall be suitable evidence of rabies
inoculation in determining whether or not impoundment is suitable.
D.
If any dog or cat is reasonably suspected to be rabid it shall be
destroyed, and no person shall interfere with the Blanchardville Police
authorities or agents in carrying out their duties. All expenses incurred
shall be paid by the owner or person responsible for such dog, cat
or other animal.
Fees are established by the Village Board and are subject to
annual review.
A.
Except as provided in Subsection B, no person shall, within the Village, set any trap for the catching of or trapping of any animal.
B.
In order to abate public or private nuisances or as otherwise declared
necessary to protect the health or safety of Village residents, the
Blanchardville Police, for a period of not to exceed 60 days, shall
use live traps to bring such problems under control. In the event
of immediate danger to the health or safety of Village residents,
the Officer in Charge, the Village President, or other law enforcement
personnel may grant permission to specific individuals to set live
traps for a reasonable period of time to capture and remove specific
animals.
A.
Any person owning, keeping or harboring any animal shall be responsible
for keeping his property clean of fecal matter to keep pests and obnoxious
odors under control.
B.
Disposition of all animal waste shall be in a manner that is consistent
with maintaining human and animal health. Disposition of animal waste
shall not pollute nor contaminate groundwater or soil.
C.
Acceptable disposition of animal waste is flushing down an indoor
toilet or depositing in the trash to be incinerated. Use of a landfill
is not an acceptable disposition of animal waste.
A.
Any law enforcement officer shall attempt to capture and restrain
any dog or cat running at large and any untagged dog. A dog is considered
to be untagged if a valid license tag is not attached to a collar
which is kept on the dog whenever the dog is outdoors, unless such
dog is securely confined in a fenced area.
B.
Impoundment shall be at the animal shelter designated by the Village
of Blanchardville. The animal shall be confined in a humane manner.
The Blanchardville law enforcement officer shall attempt to ascertain
the ownership, notify the owner of any impounded animal or post impound
notices at Village Hall.
C.
If the owner of an animal seized is readily located, the Blanchardville
law enforcement officer may return the animal directly to the owner
without impounding, if it appears that the owner's failure to license
the animal or keep it under control was inadvertent and if the owner
has not been previously warned or issued a citation for any violations
of this article.
D.
Disposition of unclaimed animals. The animal shelter shall keep all
animals apprehended for such period of time as the animal shelter
so designates unless claimed sooner by the owner or keeper. If any
animal is not reclaimed by the rightful owner within such time, the
animal may be sold to private individuals as a pet or shall be destroyed
in a proper and humane manner. Unclaimed animals shall not be sold
for research purposes or for bloodsport training.
A.
The owner or keeper is responsible for paying all costs of impoundment.
The owner or keeper of any dog, cat or other animal so confined may
reclaim such animal at any time before the same is disposed of upon
payment of all costs and charges incurred in apprehending, keeping
and caring for such animal. Such costs and charges may include expenses
for inoculation or other medical treatment of the animal. The owner's
or keeper's payment of cost and charges incurred in apprehending,
keeping and caring for the animal shall be paid directly to the shelter
appointed by the Village of Blanchardville.
B.
Release of animal to owner or representative. The Blanchardville
law enforcement officer or animal shelter shall release the animal
to its owner, or a representative of the owner, if such person gives
his or her name and address, presents evidence that the dog is licensed
and presents evidence that the dog is vaccinated against rabies or
presents a receipt from a licensed veterinarian for prepayment of
rabies inoculation. In addition, the owner or keeper shall pay all
impoundment fees and boarding and other fees incurred.
C.
Release of animal to a person other than the owner. The Blanchardville
law enforcement officer or animal shelter may release the animal to
a person other than the owner if the owner is unknown or does not
claim the animal within seven days after the animal is delivered to
the shelter. The person to whom it is released shall give his or her
name and address, sign a statement agreeing to license the animal
and have it vaccinated against rabies, unless evidence is presented
that the animal is licensed and vaccinated, and pay the boarding and
any impoundment fee for the animal.
D.
The animal shelter shall keep accurate records of the name and address
of the person to whom any animal is given custody, and this record
shall be a public record.
E.
The animal shelter shall establish the boarding fee for each day
or fraction thereof.
A.
No person shall abandon any animal, whether mammal, reptile, amphibian
or bird.
B.
Any law enforcement officer may remove, shelter and care for any
animal found to be cruelly exposed to the weather, starved or denied
adequate water, neglected, abandoned or otherwise treated in a cruel
manner and may deliver such animal to another person to be sheltered,
cared for and given medical attention, if necessary. In all cases
the owner, if known, shall be immediately notified and such officer
or other person having possession of the animal shall have a lien
thereon for its care, keeping and medical attention and the expense
of notice.
C.
If the owner or custodian is unknown and cannot with reasonable effort
be ascertained or does not, within five days after notice, redeem
the animal by paying the expenses incurred, the animal may be treated
as a stray and dealt with as such.
D.
Whenever, in the opinion of any such officer, an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
This article, except for provisions relating to the humane treatment
of animals and sanitation conditions, shall not apply to any facility
conducting the racing of dogs as a parimutuel racetrack licensed by
the State of Wisconsin.
A.
Any person who violates any provision of this article shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $1,000, plus any court assessments and costs, and costs incurred by the Village as described in Subsection B hereafter. Each day of a violation is a separate violation for purposes of enforcement and penalties.
B.
In addition to any forfeiture imposed pursuant to Subsection A above, or any deposit amount established under the Blanchardville Village Code, an animal owner who allows an animal to run at large or to otherwise be in violation of this article shall be required to pay all costs the Village incurs in enforcing this article, including but not limited to costs for animal pickup, kenneling, boarding, impound fees, and other costs related to dealing with the animal which is in violation of this article. If costs are not paid pursuant to a judgment of conviction or citation, the Village shall bill the owner for all such costs incurred by the Village. If the animal owner does not pay said costs within 30 days, pursuant to its authority under § 66.0627, Wis. Stats., the Village shall impose said costs as a special charge against any real estate owned by the animal owner in the Village of Blanchardville. Said special charge shall become a lien upon the property for collection along with real property taxes.
C.
For purposes of the enforcement, penalties, and costs imposed under
this article, ownership, holding, harboring, or keeping of an offending
animal by a minor person shall be deemed that of the adult or adults
that are head of the particular household where the minor resides
or the animal is routinely kept, held, owned, or harbored.
D.
In addition to the other enforcement provisions of this article, the Village shall have the right to seek a court order from any court of competent jurisdiction calling for the removal of any animal from the Village of Blanchardville found to be held, harbored, kept, owned, or otherwise maintained in violation of this article, and to seek the assessment of all costs of the action, including those costs set forth in Subsection B of this section.
