[12-18-2007; 2-17-2016; 2016 Code]
In this chapter:
ANIMAL
Means any a) living warm-blooded creature, except a human
being; b) reptile; c) fish; or d) amphibian.
ANIMAL SHELTER
Means a facility operated by a humane society, or municipal
agency or its authorized agents, for impounding or caring for animals
held under the authority of this chapter or state law or both.
ATTACK
Means to confront in an aggressive and hostile manner such
that a reasonable person would believe that there is an imminent threat
of bite or injury to the person or animal so confronted.
CHICKEN
Means a domestic chicken of the subspecies Gallus gallus
domesticus.
CHICKEN RUN
Means a fenced enclosure attached to a coop.
COMMERCIAL ANIMAL ESTABLISHMENT
Means an establishment that: a) bathes, clips, plucks, or
otherwise grooms animals, not their own; b) breeds, boards, buys,
sells or donates animals; c) trains, or sports animals; or d) displays
or exhibits animals.
COOP
Means a new or existing enclosed accessory structure designed
or modified for the keeping of chickens and meeting the requirements
of this section.
DEFENSE OF PERSONS OR PROPERTY
Means incidents in which the person attacked, bitten, or
injured was, at the time of the incident, committing or attempting
to commit a crime or violating or attempting to violate a code which
protects persons or property; and incidents in which the licensable
animal is protecting or defending a person from attack or assault
by another person or animal; excluding an attack on a mail carrier
or delivery person in performance of their duties.
FARM ANIMAL
Means an animal normally raised on farms in the United States
for use or profit including but not limited to chickens, turkeys,
geese, ducks, fowl, cattle, bovines, bison, sheep, goats, swine, potbelly
pigs, horses, donkeys, mules, and llamas.
GOVERNMENT ZOOLOGICAL PARK
Means a facility that displays or exhibits one or more species
of untamed animals, not considered a pet or work animal, operated
by a state, county, local, or other government agency.
HUMANE OFFICER
Means a person appointed by the council who is qualified
to perform duties of animal control as provided by the laws of the
state of Wisconsin or the city or both.
HUMANE SOCIETY
Means a society organized primarily for the care and shelter
of homeless, stray or abused animals, on a nonprofit basis, no part
of the net income of which inures to the benefit of any member, officer
or shareholder, if the property is used exclusively for the primary
purposes of the humane society.
OWNER
Means a person or entity that owns, keeps or harbors one
or more animals. An animal is considered harbored if it is fed or
sheltered for seven consecutive days or more.
PET
Means an animal that is kept for pleasure rather than utility.
PROVOKED
Means an animal that is: a) teased, tormented, abused, or
assaulted by a person or another animal; b) acting in defense of persons
or property; or c) under the control of a law enforcement officer,
and acting in performance of its duties.
ROOSTER
Means a male chicken of any age, including a capon or otherwise
neutered male chicken.
VICIOUS ANIMAL
Means an animal that: a) other than when provoked, bites
or injures a person or another animal twice within a period of 12
consecutive months; b) other than when provoked, attacks a person
or another animal three times within a period of 12 consecutive months;
c) other than when provoked, bites a person or animal once and attacks
a person or animal twice within a period of 12 consecutive months;
or d) has been trained or used for fighting against other animals.
WILD ANIMAL
Means any live nonhuman primate, raccoon, skunk, fox, leopard,
panther, tiger, lynx, coyote, wolf, alligator, crocodile, or other
animal or hybrid which can normally be found in the wild.
[12-18-2007; 2016 Code; 10-15-2018]
(A) Except as expressly provided otherwise in this chapter, all licenses
and permits shall be issued by the City Clerk. The City Clerk or
its designee shall review each complete application to determine whether
the applicant has adequately demonstrated that the applicant has complied
with those items set forth in this chapter and may conduct such investigation
into the content of the application as considered necessary. If the
City Clerk or its designee determines that the application should
be approved, then the license application shall be placed on the Council’s
consent agenda for final approval. If the City Clerk or its designee
determines that the application should not be approved, the City Clerk
or designee may administratively deny such application or refer the
application to the appropriate committee to consider such application.
Failure by the City Clerk or its designee to approve or deny an application
within 30 days of submission shall be considered a denial, unless
such action has already been referred to the appropriate committee.
Any denial by the City Clerk or its designee may be appealed to the
appropriate committee for review as long as such appeal has been made
in writing to the City Clerk within 30 days of the notice of denial.
(B) All license, permit and related fees in this chapter shall be set
by resolution of the Council.
[12-18-2007; 2016 Code]
Any person owning, keeping, harboring or having custody of a
dog over five months of age within this city must obtain a license.
[12-18-2007; 2016 Code]
The owner of a dog or cat shall have the animal vaccinated by
a licensed veterinarian on or before the date the animal reaches five
months of age. Upon the issuance of a rabies certificate, the veterinarian
shall provide a rabies vaccination tag of durable material bearing
the same serial number as the certificate, the year the vaccination
was given, and the name, address and telephone number of the veterinarian.
The dog or cat must wear the tag at all times when off the premises
of the owner unless during competition or training, securely confined
indoors, or herding or controlling farm animals under the control
of its owner.
[12-18-2007; 2016 Code; 7-5-2017; 8-1-2022]
Except as provided otherwise in §
11-3-3 of the Monroe Code regarding dog park regulations, no person owning, keeping, harboring or having custody of an animal shall allow it to run at large within the City. Animals shall be deemed to be running at large when found or observed on any of the public streets, alleys, parks, other public property or on private property to which the owner has not consented, except that an animal shall not be deemed running at large if under the control of the owner or person in possession of the animal held on a leash not more than 6 feet in length.
[12-18-2007; 2016 Code]
Not more than a combined total of six dogs and cats over five
months old may be maintained on any lot or residence, and there may
not be more than three dogs or three cats as a part of such combination.
A litter of pups or kittens may be kept for a period not exceeding
five months from birth.
[12-18-2007; 2016 Code]
No person shall own, keep, harbor or have custody of an animal
that barks, whines, howls or makes sounds common to its species in
an excessive, continuous or untimely fashion.
[12-18-2007; 2016 Code]
The owner or person in control of an animal shall promptly remove
and dispose of any feces in a sanitary manner deposited by such animal
upon any public or private property without permission of the owner,
except if the owner or person in control of the animal is blind.
[12-18-2007; 2016 Code; 2-22-2017]
No animals shall be permitted in any city park, except Forest Prairie Park and any other park so designated by Council, or cemetery unless exempted from licensing under Section
9-2-5(B) of this chapter.
[12-18-2007; 2016 Code; 8-1-2022]
No animal shall be tied, staked, or fastened in such a manner
to allow the animal access to any portion of a street, alley, sidewalk,
or other public place. No animal shall be tied, staked, or fastened
in such a manner that may interfere with delivery persons or mail
carriers during their employment.
[12-18-2007; 2016 Code; 10-2-2023]
It shall be unlawful for any person owning, keeping, harboring,
or having custody of an animal to permit such animal to go upon any
public or private 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.
[12-18-2007; 2016 Code]
The owner or person in control of an animal shall not cause
the animal to injure or kill any wild birds or squirrels in the city,
except under a program directed by the humane officer, police department,
health department, or other government agency.
[12-18-2007; 2-17-2016; 2016 Code; 9-6-2016]
(A) Unless expressly authorized elsewhere in this code, it shall be unlawful
for any person to own, keep, harbor or have custody of any of the
following on any property or in any residence, household or dwelling
unit within the city:
(1)
Any farm animals, except rabbits;
(2)
Any poisonous animal; and
(B) This section shall not apply to animals that are in the care, custody
or control of a veterinary clinic, agricultural fair, 4-H Club show,
display for judging purposes, performing animal exhibit, circus, commercial
carnival, theatrical exhibit, public or private institution, government
zoological park, or any City of Monroe employee operating in his or
her official capacity.
[12-18-2007; 2016 Code; 9-6-2016]
(A) No person or entity shall own, keep, harbor or have custody of any
wild animal.
(B) Ferrets, rabbits, birds, fish, nonpoisonous snakes less than six
feet in length, lizards, frogs, spiders, turtles, chinchillas, hamsters,
guinea pigs, gerbils, mice and rats are excluded from this section.
(C) This section shall not apply to animals that are in the care, custody
or control of a veterinary clinic, agricultural fair, 4-H Club show,
display for judging purposes, performing animal exhibit, circus, commercial
carnival, theatrical exhibit, public or private institution, government
zoological park, or any City of Monroe employee operating in his or
her official capacity.
[12-18-2007; 2016 Code]
No person or entity shall offer as a prize or give away any
animal in a contest, raffle or lottery, as an enticement to enter
any place of business, or to exploit any animal for fundraising.
[2-17-2016; 2016 Code; 6-5-2018; 2-6-2023]
No person shall, without first obtaining a permit under this
section, possess, own, harbor, keep or permit any live chicken or
rabbit.
(A) Definitions: Terms used in this section for which a definition is contained in §
5-1-22 of this code shall have the meaning set forth in §
5-1-22 of this code.
(B) Chickens allowed: Pursuant to a permit issued under this section
a person may possess, own, harbor, keep or permit up to six female
chickens in a coop or in a coop and connected chicken run on any lot
in the city that contains only a one-family dwelling. No roosters
shall be allowed to be kept under this section.
(C) Rabbits allowed: Pursuant to a permit issued under this section,
a person may possess, own, harbor, keep or permit, no more than two
breeding age bucks and four breeding age does at any one time. Breeding
age is defined as rabbits six months of age and older. Rabbits not
used as breeding stock shall be slaughtered/harvested before they
reach the age of four months.
(D) Coops, chicken runs, pens, cages or other enclosures: All coops and
chicken runs for chickens and any cage, hutch, pen or other building
used for the housing, keeping or maintaining rabbits, shall apply
with the following requirements:
(1)
Rear yard only: All housing structures shall be located in the
rear yard. No part of the housing structure shall be located in the
front yard or side yard of any lot.
(2)
Setback requirements: No part of the housing structure shall
be located within 10 feet of any lot line, unless the rear or side
lot is contiguous to an alley in which case the housing structure
shall not be located within three feet of the lot line abutting such
alley. No portion of the housing structure shall be located within
25 feet of any principal structure located on any adjacent lot.
(3)
Cleanliness: All housing structures shall be kept clean, dry,
odor free and in a sanitary condition at all times in such a manner
as to not disturb the use or enjoyment of adjoining property due to
noise, odor or any other adverse impact.
(4)
Construction and maintenance of coop: A coop shall have an interior
enclosed area of not less than four square feet per chicken and a
total enclosed area of not more than 24 square feet and shall be constructed
from conventional building materials in a workmanlike fashion or be
a premanufactured enclosed structure designed specifically for the
keeping of urban chickens. Such coop shall be constructed and maintained
in a manner that is resistant to rodents, wild birds and predators,
including dogs and cats, and shall be constructed or modified in a
fashion to provide a humane environment for the chickens, including
adequate ventilation, adequate sun, adequate shade and adequate protection
from adverse weather.
(5)
Construction and maintenance of chicken run: A chicken run shall
not exceed in size the greater of 40 square feet or 1% of the rear
yard area, but in no case more than 100 square feet, and shall be
constructed in a workmanlike fashion of wire normally used for the
containment of chickens.
(6)
Construction and maintenance of structure for rabbits: All cages,
hutches or structures used for housing, keeping or maintaining rabbits
shall be premanufactured or constructed from conventional building
materials in a workmanlike fashion. All structures shall be maintained
in a manner that is resistant to rodents, wild birds and predators,
including dogs and cats, and shall be constructed or modified in a
fashion to provide a humane environment for the rabbits, including
adequate ventilation, adequate sun, adequate shade, and adequate protection
from adverse weather and meet the following minimum floor and height
sizes.
Appropriate Cage Size For Weaned Rabbits
|
---|
Individual Weight
|
Minimum Floor Space
|
Minimum Interior Height
|
---|
Less than 4.4 pounds
|
1.5 square feet
|
14 inches
|
4.4 to 8.8 pounds
|
3 square feet
|
14 inches
|
8.8 to 11.9 pounds
|
4 square feet
|
14 inches
|
Greater than 11.9 pounds
|
5 square feet
|
14 inches
|
Appropriate Cage Size For Nursing Rabbits and Litter
|
---|
Individual Weight of Nursing Female
|
Minimum Floor Space
|
Minimum Interior Height
|
---|
Less than 4.4 pounds
|
4 square feet
|
14 inches
|
4.4 to 8.8 pounds
|
5 square feet
|
14 inches
|
8.8 to 11.9 pounds
|
6 square feet
|
14 inches
|
Greater than 11.9 pounds
|
7.5 square feet
|
14 inches
|
(7)
Confinement: Between sunrise and sunset, chickens may be allowed
outside of the coop in the chicken run. Chickens shall be secured
within the coop between sunset and sunrise.
(E) Application for permit: An application for a chicken and rabbit permit
shall be made using forms provided by the City Clerk and shall contain
an accurately scaled drawing showing the location of the proposed
coop and any chicken run, or rabbit housing structure, distances to
lot lines and distances to the nearest adjoining principal structure,
together with dimensions of the coop and chicken run, or rabbit housing
structure.
(1)
If the applicant is not the owner of the parcel, the property
owner shall sign the application before a notary public certifying
approval for the use of the premises for this purpose and such notary
shall affix his or her seal upon the application.
(2)
The application shall be accompanied with satisfactory evidence
that the applicant has registered the proposed location with the Wisconsin
Department of Agricultural Trade and Consumer Protection pursuant
to section 95.51 of the Wisconsin Statutes and section ATCP 17 of
the Wisconsin Administrative Code.
(3)
A permit fee shall be paid by the applicant when the application
is submitted.
(F) Review of application: The City Clerk shall review each application
to determine whether the application is complete. The City Clerk may
conduct such investigation into the content of the application as
he or she considers necessary and shall within 10 days following the
filing thereof refer such application to the building inspector for
review and comment.
(G) Permit year: The permit year shall be August 1 through July 31 of
the succeeding year.
(H) Assignment of permit: No permit shall be issued, assigned, or otherwise
transferred to any person other than the person to whom such permit
is originally issued.
(I) Miscellaneous:
(1)
All food supplies maintained for the chickens and rabbits kept
under this section shall be stored in a secure and rodent-proof container.
(2)
Food meant for human consumption or scraps of such food shall
only be fed to chickens within the coop and such food shall be prohibited
within a chicken run.
(3)
All waste generated by the operation of the coop or chicken
run or rabbit housing structure, or both, including, chicken and rabbit
carcasses, manure, droppings and spoiled feed, shall be properly disposed
of in a sanitary manner.
(4)
The Zoning Administrator or any law enforcement officer may
enter a lot at any reasonable time to determine if a property is in
compliance with this section.
(5)
Chickens and rabbits may not be raised for sale or for any commercial
purposes. All eggs, meat, offspring and byproducts, must be consumed/used
by the family members living at the primary residence or may be given
away or otherwise properly disposed in accordance with the laws of
the State of Wisconsin.
(J) Penalty: A person who violates any provision of this section shall
upon conviction be subject to a class 4 forfeiture for the first offense
in a twelve-month period, a class 3 forfeiture for the second offense
in a twelve-month period and a class 2 forfeiture for the third or
subsequent offense in a twelve-month period. A person who is convicted
of more than two violations of this section in a twelve-month period
shall be ineligible to receive a renewal permit under this section
for a period of one year after the date of the last conviction.
[12-18-2007; 2016 Code; 2-7-2017]
(A) If a ward or other area is quarantined for rabies, all dogs and cats
within the city shall be kept securely confined, tied, leashed or
muzzled. Any dog or cat not confined, tied, leashed or muzzled is
declared a public nuisance and may be impounded. All officers shall
cooperate in the enforcement of the quarantine. The city clerk shall
promptly post in at least three public places in the city notices
of quarantine.
(B) A dog or cat which is immunized against rabies, as evidenced by a
rabies vaccination tag or substitute tag attached to the collar of
the dog or cat is exempt from the city quarantine provisions of subsection
(A) of this section.