Village of Centuria, WI Animals

It shall be unlawful for any person in the Village of Centuria to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

The minimum license tax under this section shall be as set forth on the current Village Fee Schedule on file in the Village offices for the following:

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

Neutered males and spayed females.

Unneutered males and unspayed females.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 153-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 153-2E.

The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Village Clerk-Treasurer upon application therefor.

Multiple-dog licenses.

Any person who keeps more than three dogs shall, instead of the license tax for each dog required by this chapter, apply for a multiple-dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as prescribed in the current Village Fee Schedule on file in the Village offices for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Clerk-Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Multiple dogs may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under Chapter 458, Zoning, The Law Enforcement Committee shall make an advisory recommendation on the application.

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

The owner or keeper of multiple dogs shall keep at all times a multiple-dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple-dog license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a multiple-dog tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's premises unless the dog is on a leash or temporarily unconfined/unleashed for the purposes of hunting, breeding, trial, training or competition.

The term "multiple-dog" means any establishment wherein or whereon more than three dogs are kept.

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

No multiple-dog license shall be issued to the keeper or operator of multiple dogs who fails to provide proper food and drink and proper shelter for the dogs or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple-dog premises upon his/her own initiative. Expressly incorporated by reference in this section as minimum standards for multiple dog keepers or operators are the relevant provisions of Ch. 174, Wis. Stats.

A condition of a multiple license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any multiple-dog license be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.

§ 153-4 Late fees.

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

The Village Clerk-Treasurer shall assess and collect a late fee of $5 from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.

§ 153-5 Rabies quarantine.

Area-wide rabies quarantines.

Area confinement order. If a district is quarantined for rabies, all dogs, cats or ferrets within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog, cat or ferret not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.

Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies. A law enforcement or animal control officer shall order a dog, cat or ferret quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog, cat or ferret cannot be captured or such animal exhibits actual signs of rabies, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head. No person shall interfere with Village authorities or agents in carrying out their duties in this regard. All expenses thus incurred shall be paid by the owner or the person having custody of such dog, cat or ferret.

Quarantine procedures.

Vaccinated animal bite incidents. Any dog, cat or ferret which has bitten any person and which shows evidence of a current rabies inoculation shall be quarantined at such place as designated by law enforcement or health authorities for a minimum period of 10 days. The dog, cat or ferret shall be examined by a licensed veterinarian within 24 hours of a quarantine notice and again on the 10th day after the bite. If in the opinion of law enforcement or health authorities the vaccinated animal cannot be confined securely at the residence of its owner or custodian or exhibits signs of illness as determined by a licensed veterinarian, the dog, cat or ferret shall be quarantined at a veterinary hospital under the supervision of a licensed veterinarian.

Unvaccinated animal bite incidents. Any dog, cat or ferret which has bitten any person and which does not display evidence of rabies inoculation shall be quarantined within 24 hours of the quarantine order at a veterinary hospital under the supervision of a licensed veterinarian for a minimum of 10 days. "Supervision of a licensed veterinarian" includes, at a minimum, examination of the animal on the first day of isolation and on the last day of isolation. If the veterinarian certifies that the dog, cat or ferret has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period. After such period of time, such veterinarian shall report his/her determination or findings thereof in writing.

Risk to animal health due to suspected exposure to a rabid animal.

If a dog, cat or ferret is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog, cat or ferret is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

If a dog, cat or ferret is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but the dog, cat or ferret is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

No person shall keep or harbor any dog or other domesticated animal, whether licensed or not, which is known to be, or when there is good reason to believe the same to be, mad, rabid, vicious or dangerous to the public.

Destruction of an animal exhibiting symptoms of rabies. If a veterinarian determines that a dog, cat, ferret or other animal exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog, cat, ferret or other animal is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

Delivery of carcass; preparation; examination by Laboratory of Hygiene. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Village, the Laboratory of Hygiene, the applicable health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

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.

State laws adopted by reference. The provisions of §§ 95.21 and 174.02(3), Wis. Stats., insofar as the same are applicable, are incorporated by reference and made a part of this section with the same force and effect as those set forth verbatim herein. Any amendments to those sections shall be adopted by reference as if they were fully set forth herein.

§ 153-6 Restrictions on keeping of dogs, cats, fowl and other animals; vicious animals.

Restrictions. It shall be unlawful for any person within the Village of Centuria to own, harbor or keep any dog or cat which:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 153-12.)

Kills, wounds or worries any domestic animal.

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.

In the case of a dog, is unlicensed.

(8)

Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.

Vicious dogs and animals.

Definitions. As used in this section, the following terms shall have the meanings given:

VICIOUS DOG OR OTHER ANIMAL – Any dog or other animal shall be deemed and be presumed to be vicious if, at any time, it bites and inflicts a serious injury to any person or persons during the dog's or animal's life under unprovoked circumstances and while off the dog's or animal owner's, keeper's or caretaker's premises or property. If the dog or other animal inflicts serious injury in a manner other than biting, said dog or other animal shall also be deemed and presumed to be vicious under this section.

SERIOUS INJURY – Any abrasions, bruising, cuts, broken bones, lacerations, internal injuries, torn or pulled ligaments or muscles, head injuries, or any other such similar condition.

No vicious dog or other animal, as defined herein, shall be allowed to be owned, kept, harbored, maintained or cared for within the Village of Centuria corporate limits by any person or legal entity.

Penalty for keeping vicious dogs or animals in violation of Subsection B.

Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Centuria or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Centuria to enforce or effectuate the Village of Centuria's ordinances.

In the event that any vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the Village of Centuria within seven days of impoundment. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the Village of Centuria within said seven-day period, any law enforcement officer or animal control officer for the Village of Centuria shall be authorized to destroy said animal.

Potentially dangerous dog or other animal.

POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL

Definitions. As used in this section, the following terms shall have the meanings indicated:

Includes the following:

Any dog or other animal which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

Any dog or other animal which, when unprovoked, bites a person, causing a less serious injury than is defined in Subsection B(1)(b) above.

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

Any dog or other animal which, when unprovoked, has killed, seriously bitten, inflicted injury or otherwise caused injury to a domestic animal off the property of the owner or keeper of the dog.

Restrictions and rules regarding potentially dangerous dogs or animals.

No dog or other animal may be declared potentially dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing, or assaulting the dog or other animal, or was committing or attempting to commit a crime. No dog or other animal may be declared potentially dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog or other animal may be declared potentially dangerous if an injury or damage was sustained by a domestic animal which, at the time of the injury, or damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.

No dog or other animal may be declared potentially dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

No dog or other animal may be declared potentially dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.

(d)

All potentially dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the Village of Centuria shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the Village Board, after hearing, has determined the designation applies to the dog. The Village of Centuria may charge a potentially dangerous dog fee in addition to the regular licensing fee as to provide for the increased cost of maintaining the records of the dog.

(e)

A potentially dangerous dog or other animal, while on the owner's property, shall, at all times, be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash of appropriate length and muzzled, and if it is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.

(f)

If a potentially dangerous dog or other animal dies, or is sold, transferred or permanently removed from the Village of Centuria where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors, or cares for a potentially dangerous dog or other animal shall notify the chief law enforcement officer for the Village of Centuria or the animal control officer of the change in condition or new location of the potentially dangerous dog or other animal in writing within 48 hours of said dog's or other animal's removal.

Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 153-6D(2) shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 153-6D(2), may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 153-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Centuria, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Centuria to enforce or effectuate the Village of Centuria's ordinances. In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Centuria limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Centuria shall be authorized to destroy said animal.

Unleashed dogs or other animals running at large.

No owner, keeper, harborer or caretaker of any dog or other animal shall permit the same to be unleashed or unrestrained at any time said dog or other animal is not on the owner's, keeper's, harborer's, or caretaker's property or premises and which is upon any public street, alley, right-of-way or any school ground, public park, cemetery or other public or private property without the permission of the owner or occupier of the property.

A dog or other animal is not unleashed or uncontrolled and at large if it is leashed or otherwise restrained by any device less than 10 feet in length, which is of sufficient strength to restrain and control said dog or other animal and which is held by a person at least 10 years or older who is competent to govern and control said animal so that he or she is able to prevent said dog or animal from annoying or worrying pedestrians or from trespassing on private or public property. Furthermore, a dog or other animal is not unleashed or uncontrolled and at large if it is properly restrained within a motor vehicle.

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

Any person or entity who violates this Subsection F shall be subject to a forfeiture of not less than $25 and not more than $100, together with any impoundment under § 153-7.

Owner's liability for damage caused by dogs or other animals; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs and other animals, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.

Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, or swimming area within the Village. Dogs and cats are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this section.

§ 153-7 Impoundment of animals.

Animal control agency.

The Village of Centuria 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 impounded animals and for assisting in the administration of rabies vaccination programs.

The Village of Centuria does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer 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 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 Village Board or impounding agency. No animal shall be released from the pound without being properly licensed, with proof of vaccination provided, if so required by state law or Village ordinance.

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days after the owner is notified, the animal control officer may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village 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.

§ 153-8 Duty of owner in case of animal bite.

Every owner or person harboring or keeping a dog, cat, ferret or other domesticated animal who knows that such dog, cat, ferret or other domesticated animal has bitten any person shall immediately report such fact to Village law enforcement officers and shall keep such dog, cat, ferret or other domesticated animal confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog, cat, ferret or other domesticated animal shall surrender the dog, cat, ferret or other domesticated animal to a law enforcement or humane officer upon demand for examination.

§ 153-9 Wolf/dog hybrid regulation and confinement.

Definitions. As used in this section, the following terms shall have the meanings indicated:

WOLF/DOG HYBRID

Any cross-breed resulting from the mating of a domesticated dog and a wolf, coyote jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:

CANINE ANIMALIncludes all members of the family canidae except foxes.

DOMESTICATED DOGCanis familiaris.

WOLFIncludes both Canis lupus and Canis niger.

COYOTECanis latrans.

JACKALCanis aurens.

DINGOCanis dingo.

Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Village of Centuria any wolf/dog hybrid which does not comply with this section. This prohibition shall not apply to animals being transported through the limits of the Village of Centuria within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Village of Centuria before it has reached the age of five months. Wolf/dog hybrids permitted in the Village of Centuria shall be confined as set forth in this section.

Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the Village of Centuria, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:

The first enclosure shall be constructed of not less than nine- gauge galvanized chain link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.

The first enclosure shall extend to a height of not less than eight feet, and shall be surrounded from ground level to a height of not less than four feet by 1/4 inch galvanized mesh screening.

The first enclosure shall have a full top, which shall also be constructed of not less than nine- gauge chain link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.

The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure, and no part of which shall be neared than six feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision, except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine- gauge chain link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.

Both enclosures shall be kept locked with case hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.

Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.

The above described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept, as defined in the Village Zoning Code.

Right of inspection. To insure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the Village shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.

Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.

Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.

Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within the Village.

Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Village of Centuria on the date of passage of this section, Subsection D shall take effect on January 30, 2006; for all other persons, said Subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.

§ 153-10 Animal feces.

Removal of fecal matter. The owner or person in charge of any dog, cat, horse, potbellied pig, or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.

Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog, cat or other animal must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.

§ 153-11 Injury to property by animals.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat 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 thereon.

§ 153-12 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. The owner of a dog or cat is considered to be in violation of this section when two formal, written complaints from two separate parties are filed with Village law enforcement officers within a four-week period.

§ 153-13 Prohibited and protected animals, fowl, reptiles and insects; farm animals.

Protected animals.

Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the Village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (Thalarctos maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), 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).

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).

Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this Village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph 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.

Exceptions. The provisions of Subsections A and C herein 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. However, such facilities shall comply with Village zoning requirements.

Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his/her control within the Village any of the following animals, reptiles or insects:

All poisonous animals and reptiles.

Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilia), 30 inches in length or more.

Coyotes (Canis latrans).

(8)

Elephants (Elephas and Loxodonta).

(9)

Game cocks and other fighting birds.

(10)

Hippopotami (Hippopotamidae).

(11)

Hyenas (Hyaenidae).

(12)

Jaguars (Panthera onca).

(13)

Leopards (Panthera pardus).

(14)

Lions (Panthera leo).

(15)

Lynxes (Lynx).

(16)

Monkeys, old world (Cercopithecidae).

(17)

Ostriches (Struthio).

(18)

Pumas (Felis concolor); also known as cougars, mountain lions and panthers.

(19)

Rhinoceroses (Rhinocero tidae).

(20)

Snow leopards (Panthera uncia).

(21)

Tigers (Panthera tigris).

(22)

Wolves (Canis lupus).

(23)

Poisonous insects.

Snakes.

For purposes of this Subsection, "poisonous" shall mean having the ability to cause serious harm or death by the transfer of venom or poison to a person or animal.

No person shall keep or possess any snake in the Village which is poisonous or in excess of 10 feet in length. This prohibition shall not apply to bona fide zoos, educational institutions or exhibitions keeping such snakes for display or for instructional or research purposes. Any person legally possessing any such animal in this capacity shall notify the Chief of Police in writing of the location and type of snake being kept and the purpose for such possession.

Exceptions; animal trials; wildlife rehabilitators. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens; if:

Their location conforms to the provisions of the zoning ordinance of the Village.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 75 feet of the quarters in which the animals are kept.

The prohibitions in this section shall not apply to animals in the possession of a wildlife rehabilitator who is licensed by the State of Wisconsin, Department of Natural Resources, while such animal is being lawfully nurtured or rehabilitated for release in the wild. No animal may be kept under this exception for a period of more than 55 days. No animal may be kept under this exception that poses a danger to the community.

Farm animals; miniature pigs.

[Amended 11-8-2010 by Ord. No. 2-10]

Except as provided in § 153-19 regarding miniature pigs and on properties zoned in an agricultural or R-5 classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, or rabbits (more than four). For purposes of this subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets.

Keeping of poultry. Permit required, residents may apply for an annual permit for the keeping of up to five hens within residential zones. Minimum conditions include:

No roosters.

Permanent enclosures, coops and runs are only permitted in side or rear yards.

With the exception of mobile coops, enclosures shall be set back 25 feet from side and back property lines unless signature is obtained from abutting neighbors to do so.

(d)

Hens shall be provided with a covered enclosure, covered enclosure should be 'predator' secured.

(e)

Permit fee, annual: See current Village Fee Schedule on file in the Village office; permits expire Dec. 31.

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

(f)

Unsanitary conditions or complaints. Two formal, substantiated written complaints may result in revocation or nonrenewal of permit. Action plan required after two formal, substantiated complaints are filed with Village police officers within a four-week period. If two formal, substantiated written complaints are filed within a four-week period after the action plan is made, the permit will be revoked.

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

Editor's Note: Original §§ 7-1-14, 7-1-15 and 7-1-16, pertaining to statutes being enforced, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 153-14 Neglected or abandoned animals.

Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement or animal control 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.

If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

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.[1]

Editor's Note: Original § 7-1-17(a)(5), concerning investigation of cruelty complaints, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

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 Village or any animal control agency with whom the Village 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.

§ 153-15 Cruelty to animals and birds prohibited.

Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.[1]

Editor's Note: Original § 7-1-18, subsections (b), (c), (d) and (e), which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 153-16 Limitation on number of dogs and cats.

Purpose. The keeping of a large number of dogs and cats within the Village of Centuria 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 cats is, therefore, declared a public nuisance.

Number limited.

No person or family shall own, harbor or keep in its possession more than a total of three dogs or three cats, or a total of five dogs and cats, in any residential unit without the prior issuance of a kennel license by the Village Board except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.

The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 153-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.

§ 153-17 Trapping of animals.

In the interest of public health and safety, it shall be unlawful for any person, in or on Village-owned land within the Village of Centuria to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

This section shall prohibit the use of all traps on Village-owned property other than live traps as described above, including, but not limited to, traps commonly known as leg traps, pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they relate to trapping.

Nothing in this section shall prohibit or hinder the Village of Centuria or its employees or agents from performing their official duties.

§ 153-18 Keeping of bees.

It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the Village unless the bees are kept in accordance with the following provisions:

No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. Such hives, stands or boxes may only be located in the rear yard.

If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.

Fresh, clean watering facilities for bees shall be provided on the said premises.

The bees and equipment shall be kept in accordance with the provisions of state law.[1]

VIETNAMESE POTBELLIED PIG

Editor's Note: Original § 7-1-21(e), pertaining to a conditional use permit, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 153-19 Vietnamese potbellied pigs.

Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

A purebred Vietnamese Potbellied Pig registered through a North American Vietnamese Potbellied Pig Registry, which does not exceed 100 pounds in weight.

License required/fee. It is unlawful for any person, party, firm or corporation to keep or maintain within the Village of Centuria limits a Vietnamese Potbellied Pig without first having obtained a license from the Village Clerk-Treasurer and being in compliance with all provisions of this section. The fee for a license issued hereunder or renewal thereof shall be as prescribed in § 237-1 per calendar year or fraction thereof. Excepted from the license requirement is any law enforcement agency or agency under contract with the Village to care for stray or unwanted animals.

License/application.

Any applicant for a license or renewal thereof under this section shall file with the Village Clerk-Treasurer a fully executed application on a form prescribed by the Village Clerk-Treasurer, accompanied by the annual license fee.

No licenses or renewal thereof shall issue hereunder until:

A Certificate of Purebred Registration is filed with the Village Clerk-Treasurer.

There has been an inspection by a Village law enforcement officer or the Building Inspector of the premises being licensed and a determination by said sanitarian that all requirements of this section, and other applicable general and zoning ordinances, have been met.

There is an adequate means of restraining animals from running at large or disturbing the peace.

Any license or renewal thereof issued hereunder shall be for a calendar year or portion thereof. Licenses must be renewed each calendar year on or before the 31st day of January. Licenses shall not be assignable or transferable either to another person, party, firm or corporation or for another location.

When issued, a license shall be kept upon the licensed premises and exhibited, upon request, to any Village personnel requesting to examine it and having authority to enforce this section.

Only one Vietnamese Potbellied Pig may be at any premises.

License requirements. Licensee shall comply with the following as a condition of obtaining and maintaining a license:

Animal feces to be collected on a daily basis and stored in a sanitary receptacle. Animals shall not be brought, or permitted to be, on property, public or private, not owned or possessed by the owner or person in charge of the animal, unless such person has in his/her immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.

When sunlight is likely to cause overheating to discomfort, sufficient shade shall be provided to allow an animal kept outdoors to protect itself from the direct rays of the sun.

An animal kept outdoors shall be provided with access to shelter to allow it to remain dry during rain or snow. Animals may be kept outdoors only if contained in a fenced enclosure sufficient for purposes of restraint.

When the atmospheric temperature is less than 50° F., an animal shall be kept indoors at a temperature no less than 50° F., except for temporary ventures which do not endanger the animals health.

An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained where a problem.

Animals shall be fed and watered at least once a day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to the animal and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be cleaned daily. Disposable food receptacles may be used, but must be discarded after each feeding. Self feeders may be used for the feeding of dry food and they shall be sanitized as needed, but at least once per week, to prevent molding, deterioration or caking of feed.

Animals may not be permitted to exceed 100 pounds in weight.

(8)

Animals shall be examined by a veterinarian within a period of 60 days prior to a new license application being filed. The animal may be licensed only upon a written statement from a veterinarian as to:

The animal's weight.

The animal has received all recommended vaccinations and boosters.

The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.

(d)

The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.

(e)

The animal has passed a pseudorabies test administered in accordance with application state regulations.

(9)

The animal shall not be permitted to run at large. "Run at large" shall mean the presence of an animal which is not on a leash of six feet or less on any public property or thoroughfare or on any private property. An animal may be unleashed on private property, with the permission of the property owner, in a fenced enclosure sufficient for purposes of restraint. Animals which are not leashed in a motor vehicle shall not be deemed to "run at large" if secured in a manner as will prevent their escape therefrom.

(10)

Animals shall not be kept in a manner as to disturb the peace of the neighborhood or of persons passing to and from upon the streets.

Suspension, revocation or denial of renewal of license. The Village President or Village law enforcement officers shall have the right to suspend or revoke any license once granted or deny annual renewal thereof when it appears that any license has violated any of the provisions of this section, or any ordinance of the Village, or law, rule or regulation of the State of Wisconsin, involving cruelty or mistreatment of the animal, or the unlawful possession of the animal. Prior to the suspension or revocation of any license or the denial of an application for a renewal thereof, written notice of the reason for such action shall be given to the applicant or licensee by the officer. Such notice shall state that the applicant may pursue an appeal to the Village Board by filing a request within 10 days of such notice.

§ 153-20 Feeding of deer.

It shall be unlawful for anyone to place any type of feeder, above or on the ground, for the purpose of offering any feed such as salt, minerals, apples, corn, sunflower seeds, deer suckers, or any other type of feed for the purpose of enticing deer into any specific area of anyone's property in the Village of Centuria.

§ 153-21 Violations and penalties.

Any person violating § 153-14, 153-15, 153-16, 153-17, 153-18, 153-19 or 153-20 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.

Licensing and vaccinations.

Anyone who violates §§ 153-1, 153-3, 153-4 and 153-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who fails to have a dog vaccinated against rabies as required in § 153-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.

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