[Ord. No. 23-740,[1] 5-18-2023]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means any person in a residential dwelling unit who keeps,
harbors, raises or possesses any combination of dogs or cats numbering
not less than four nor more than five animals over the age of five
months.
Means colonies, hives, and other equipment associated with
honey bees assembled in one location for beekeeping operations; also
known as a bee yard.
Means approved by the village manager.
Means an animal is off the premises of its owner and on any
public street or alley, school grounds, a public park, or other public
grounds or on private property without the permission of the owner
or person in lawful control of the property. An animal shall not be
deemed to be at-large if:
It is attached to a leash not more than six feet in static length,
or 20 feet in retractable length under control, which is of sufficient
strength to restrain the animal and the leash is held by a person
competent to control the animal and prevent it from annoying or frightening
pedestrians or trespassing on private property or trespassing on public
property where such animals are forbidden;
It is properly restrained within a motor vehicle; or
It is a dangerous animal that is in compliance with the requirements of section 8-10.
Means a person who owns or is responsible for one or more
colonies of honey bees.
Means anything used in the operation of a honey bee apiary,
such as hive bodies, honey supers, frames, top covers, and/or bottom
boards.
Means physical pain or injury or any impairment of physical
condition.
Means any person 16 years of age or older who, in the absence
of the owner, temporarily harbors, shelters, keeps or is in charge
of a dog, cat or any other domesticated bird or animal.
Means a domesticated member of Pelis domestica.
Means a common domestic fowl of the subspecies Gallus Domesticus.
Means an aggregate of honey bees in a hive consisting of
workers, but having one queen and potentially many drones, including
brood, combs, honey and the receptacle inhabited by the bees.
The term "dangerous animal" means any animal:
Which, when unprovoked, bites or otherwise inflicts bodily harm
on a person, domestic pet or animal on public or private property;
Which chases or approaches a person in a menacing fashion or
apparent attitude of attack without provocation upon the streets,
sidewalks or any public grounds or on private property without the
permission of the owner or person in lawful control of the property;
or
With a known propensity, tendency or disposition to attack,
to cause injury to, or to otherwise threaten the safety of humans
or other domestic pets or animals.
The biting or injury of a person by an animal shall in the absence
of contrary evidence be presumed to be due to an unprovoked attack.
Provocation of the animal by the person or animal that is bitten or
injured or the fact that the animal bit or injured another person
or animal as a result of provocation shall be considered in mitigation
and if the provocation is purposeful or substantial, the court may
accept the alleged bite or injury as self-defense by the animal and
not classify the animal as dangerous.
An animal shall not be deemed a dangerous animal if it bites,
attacks or menaces any person or animal to:
Defend its owner, caretaker or other person from an attack by
a person or animal;
Protect its young or another animal;
Defend itself against any person or animal which has tormented,
assaulted or abused it; or
Defend its owner's or caretaker's property against trespassers,
unless the animal, without provocation, inflicts substantial bodily
harm on a person.
Means the director of the department of public works of the
village or his authorized representative.
Means a domesticated member of Canis familiaris.
Means any bird or animal of any species which usually lives
in or about the habitation of humans as a pet or animal companion.
The term "domesticated animal" does not include a dangerous animal
or a prohibited dangerous animal.
Means one or more rooms, including a bathroom and kitchen
facilities, which are arranged, designed or used as living quarters
for one family or household.
Means a barrier at least six feet in height consisting of
a solid wall/fence, dense vegetation, or combination thereof that
is parallel to the parcel line so that all bees are forced to fly
at an elevation of at least six feet above ground level over the property
lines in the vicinity of the apiary.
Means all domesticated birds and non-domesticated game birds
ordinarily considered to be edible.
Means care or service provided to the exterior of an animal
to change its looks or improve its comfort but does not mean the treatment
of physical disease or deformities.
Means a business establishment in which a domesticated bird
or animal is received for grooming.
Means the structure containing a colony of honey bees.
Means all stages of the common domestic honey bee, Apis mellifera
species. Keeping of Apis mellifera scutellata is not permitted under
any conditions.
Means a profit or nonprofit business establishment in which
more than three dogs or three cats, or any combination thereof, over
the age of five months may be kept for boarding, breeding, safekeeping,
convalescence, humane disposal, placement, sale or sporting purposes.
Means a commercial or residential building consisting of
three or more dwelling units.
Means any person, owning, harboring, sheltering or keeping
a dog, cat or any other domesticated bird or animal.
Means any individual, firm, corporation or other legal entity.
Means a business establishment, other than a kennel, where
domesticated mammals, birds, fish or reptiles are kept for sale.
Means:
Any animal that is determined to be a prohibited dangerous animal under section 8-13(b).
Any animal that, while off the owner's or caretaker's property,
has killed a domestic pet or animal without provocation.
Any animal that, without provocation, inflicts substantial bodily
harm on a person on public or private property.
Any animal brought from another city, village, town or county, that is described under section 8-13(b).
Any dog that is subject to being destroyed under Wis. Stats.
§ 174.02(3).
Any dog trained, owned or harbored for the purpose of dog fighting.
Means bodily injury that causes a laceration that requires
stitches, any fracture of a bone, a concussion, a loss or fracture
of a tooth or any temporary loss of consciousness, sight or hearing.
Means for purposes of this chapter, a swarm is a propagation
or colony of honey bees outside of its hive.
Means the village manager of the village or designee.
[1]
Editor’s Note: Ordinance No. 23-740 repealed former
Ch. 8 which derived from Code 1997, Ch. 10, as amended by Ord. Nos.
97-396, 07-571, 09-595 and 12-633.
[Ord. No. 23-740, 5-18-2023]
(a)
The owner
or caretaker of any animal. shall confine, restrain or maintain control
over the animal so that the unprovoked animal does not attack or injure
any person or domesticated animal.
(b)
The occupant
of any premises on which a dog, cat or any other domesticated bird
or animal remains or to which it customarily returns daily for a period
of at least ten consecutive days shall be presumed, for purposes of
enforcement of this chapter, to be harboring, sheltering or keeping
the animal.
[Ord. No. 23-740, 5-18-2023]
(a)
Permitted
animals. No animal that is not a domesticated animal may be kept or
brought into the village except in accordance with this chapter or
as otherwise authorized by the village manager.
(b)
Certain
animals prohibited.
(1)
Except
as otherwise provided in this chapter, no person shall keep within
the village, either temporarily or permanently, any live bees or chickens
(except pursuant to a permit), fowl, cows, cattle, horses, sheep,
swine, goats, ducks, turkeys, geese or any other domesticated livestock,
provided, however, that such animals or fowl may be kept at places
approved by the village for educational purposes, research purposes
and for circuses or similar recreational events.
(2)
No
person may bring into or keep in the village an animal that a Wisconsin
city, village, town or county has declared dangerous or vicious, has
banished from the city, village, town or county or has ordered to
be destroyed. The village manager may declare such an animal to be
a prohibited dangerous animal in the village upon receipt of an official
written declaration from the other city, village, town or county setting
forth the grounds for the declaration, the name of the animal, if
known, and the description of the animal.
(3)
No
person may bring into or keep in the village, for sale or otherwise,
either for food or for any other purposes whatever, any animal dead
or alive, bird, insect, reptile or fish which is dangerous or detrimental
to health.
(c)
Number
permitted. No person may keep, harbor, shelter or possess at any time
more than three dogs or cats or any combination thereof which are
over the age of five months unless the person holds a valid animal
fancier permit, kennel permit, pet shop permit or grooming establishment
permit. No person in a multiple dwelling shall be granted an animal
fancier permit. There shall be no more than one animal fancier permit
issued to any qualified dwelling unit.
(d)
Animal removal. Either the village or a humane society may confiscate and remove animals from a premises for violation of subsections (a), (b) and (c) of this section or section 8-16. The village may convey such animals to a humane society to be housed and handled appropriately. If necessary, such animals may be disposed of in a humane manner by the village, humane society or a designee of either.
[Ord. No. 23-740, 5-18-2023]
(a)
Permit
required. No person shall keep a chicken or chickens in the village
without obtaining a permit upon approval of the village manager or
designee. The permit process requires a completed application accompanied
by the fee payment set forth by the village board from time-to-time.
(b)
Application
form.
(1)
The
applicant shall file a written application to the village clerk that
includes all of the following:
a.
A description
and drawing that clearly represents the location where the chickens
will be kept on the lot and the location of the enclosure, including
a description and depiction of all fencing, coops or other structures
to be used for enclosing the chickens;
b.
A description
of the plan to ensure the proper maintenance and cleaning of the area
where the chickens will be kept;
c.
A description
of the plan to ensure the proper feeding, shelter, and care of the
chickens.
(2)
Action
on application.
a.
The
application shall be provided to the village clerk and the applicant
shall provide evidence of notice of the application, and the details
thereof, to the property owner (if not the applicant) and to the owners
of all properties that abut the subject property at any point, including
those properties that abut an alley, path or right-of-way directly
across from the yard on the subject property where the chickens will
be kept. Said property owners shall indicate on the form whether they
approve or disapprove of the proposed keeping of chickens including
any site waiver under this section.
b.
If
there are no written objections from such owners, the application
for the permit shall be deemed accepted by such owners and the manager
shall issue the permit if the application is otherwise compliant with
the Village Code, including the provisions of this chapter.
c.
If
there is an objection, there shall be a public hearing before the
architectural review committee which shall approve the application
only upon finding that these standards are met:
1.
Appropriate
in the location proposed;
2.
Compatible
with the neighborhood;
3.
Not
detrimental to the property values of surrounding property;
4.
In
keeping with the residential character and quality of the village;
and
5.
Fencing,
coops, or other structures are esthetically consistent with structures
on the property and surrounding properties.
d.
Any
aggrieved party shall have the right to appeal the decision of the
architectural review committee to the board of appeals.
(c)
Keeping
of chickens allowed. The keeping of up to four chickens, with a permit,
is allowed on a single-family residential premises, subject to the
following:
(1)
No
person shall keep any rooster.
(2)
No
person shall slaughter any chickens in the village.
(3)
Chickens
shall be provided with fresh water and adequate amounts of feed at
all times.
(4)
Chickens
shall be provided with a sanitary and adequately sized covered enclosure,
that is at least 16 square feet in size per chicken, and shall be
kept in the covered enclosure at all times.
(5)
Chicken
coops shall be constructed in a workmanlike manner, be moisture-resistant
and either raised up off the ground or placed on a hard surf ace,
such as concrete, patio block or gravel. Each shall be considered
a structure and shall require a permit and village manager approval.
The village manager shall study such application and approve the chicken
coop only upon finding that the requirements of this section are met.
(6)
Chicken
coops and yards shall be constructed and maintained in such a fashion
as to reasonably prevent the collection of standing water, and shall
be cleaned of hen droppings, uneaten feed, feathers and other waste
daily and more often as is necessary to ensure that the coop and yard
do not become a health, odor or other nuisance.
(7)
The
enclosure shall be located in compliance with all of the following,
and in the event of conflicting requirements the more restrictive
shall apply:
a.
The
nearest point of the enclosure must be at least 40 feet away from
any residential structure on another lot;
b.
The
enclosure, and all parts of the enclosure, are prohibited in any front
yard;
c.
The
enclosure, and all patis of the enclosure, are prohibited in any side
yard;
d.
The
enclosure can only be located in a rear yard, but no enclosure, and
no part of the enclosure, can be closer to a side lot line than the
closest distance between that lot line and the principal structure
on the lot.
(8)
In
addition to compliance with the requirements of this section, no one
shall keep chickens that cause any nuisance, unhealthy condition,
create a public health threat or otherwise interfere with the normal
use of property or enjoyment of life by humans or animals.
(9)
The
use in keeping chickens shall at all times be conducted pursuant to
the plans and representations made in the application.
(10)
Nothing
herein shall be interpreted to authorize the conduct of a business
or commercial use on a residential property. No sales of eggs, chicks,
or chickens shall be made from a residential property.
(11)
Persons
applying for and receiving a permit for the keeping of chickens thereby
consent to the entry of village staff and village agents onto the
subject property at all reasonable times to inspect and investigate
the property, the enclosure, and the chickens for purposes of determining
compliance with and for enforcement of this Code.
(12)
Costs
that the village may incur in inspection, investigation, testing,
quarantine, isolation, vaccination, humane euthanasia, or otherwise
arising from the subject property owner's keeping of chickens, may
be charged to the property owner, and such charges that remain unpaid
within the time allowed may be imposed on the tax bill for the subject
property as a special charge, pursuant to Wis. Stats. § 66.0627.
(d)
Public
health requirements. Chickens shall be kept and handled in a sanitary
manner to prevent the spread of communicable diseases among birds
or to humans.
(1)
Any
person keeping chickens shall immediately report any unusual illness
or death of chickens to the health department.
(2)
The
North Shore Health Department or its agents may order testing, quarantine,
isolation, vaccination or humane euthanasia of ill chickens or chickens
believed to be carriers of a communicable disease.
(e)
Effect
of permit. The permit shall allow the applicant to keep up to four
chickens on the subject property in compliance with this section.
A new permit is not required for the applicant to raise new or replacement
chickens on the property, provided that the total shall not exceed
four chickens at any time. The permit shall lapse automatically if
no chicken is kept on the property for any consecutive six-month period.
The permit is nontransferable from the applicant to any other person,
and does not nm with the land to a new owner of the property.
(f)
Revocation. A permit is subject to revocation by the village manager or designee upon failure to comply with any provisions of subsection (c) or (d). Once a permit is revoked, a permit shall not be reissued to the applicant or for any property where the applicant resides or may reside in the village.
(g)
Duration. The permit issued pursuant to this section shall have a duration of one year, unless the permit is revoked or lapses pursuant to the provisions of subsection (e) or (f), above, prior to the expiration of said term. An annual renewal of the permit shall be required by the submittal of a new application form noting changes in facilities or adjacent property owners or their consent. Failure to satisfy this requirement may result in revocation of the permit by the village manager.
(h)
Removal.
The chickens shall be immediately removed from the property upon lapse,
revocation or expiration of the permit for keeping chickens. The enclosure
in its totality, including any fencing, covered enclosure, chicken
coop, or any other structure or structural elements, shall be completely
removed from the property within 15 days of the lapse, revocation
or expiration of the permit for keeping of chickens.
[Ord. No. 23-740, 5-18-2023]
(a)
Permit
required. No person shall keep bees in the village without obtaining
a permit upon approval of the village manager or his/her designee.
The permit process requires a completed application accompanied with
the fee payments prescribed by the village board from time-to-time.
(b)
Application
form. The applicant shall file a written application to the village
clerk, that includes all of the following:
(1)
Application
form.
a.
A description
and drawing that clearly represents the location where the hive(s)
will be located on the lot, including a description and depiction
of all fencing, and any other structures to be used for the beekeeping
use;
b.
A description
of the plan to ensure the proper maintenance and cleaning of the hive(s)
and the beekeeping operation;
c.
A description
of the plan to ensure the proper watering of the bees.
(2)
Action
on application.
a.
The
application shall be provided to the village clerk, and the applicant
shall provide evidence of notice of the application, and the details
thereof, to the property owner (if not the applicant) and to the owners
of all properties that abut the subject property at any point, including
those properties that abut an alley, path or right-of-way directly
across from the yard on the subject property where the bees will be
kept. Said property owners shall indicate on the form whether they
approve or disapprove of the proposed keeping of bees including any
site waiver under this section.
b.
If
there are no written objections from such owners, the application
for the permit shall be deemed accepted by such owners and the manager
shall issue the permit if the application is otherwise compliant with
the Village Code, including the provisions of this section.
c.
If
there is an objection, there shall be a public hearing before the
plan commission and the plan commission shall approve the application
only upon finding that these standards are met:
d.
Any
aggrieved party shall have the right to appeal the decision of the
plan commission to the board of appeals.
(c)
Beekeeping
allowed. Beekeeping is allowed only on a single-family residential
premises, subject to the following:
(1)
No
person shall acquire, keep or stock bees in the village without first
obtaining a valid beekeeping permit.
(2)
No
more than two hives are allowed on a residential lot. The hives forming
the apiary structure must be located near each other to form a single
apiary. A temporary third hive for hive splitting may be allowed for
a reasonable period of time prior to its removal to another location.
(3)
All
honey bees shall be kept in hives with removable frames which shall
be kept in sound and usable condition.
(4)
Subject to the requirements of section 104-125 of the Municipal Code, a flyway barrier shall be located between the hive(s) and the property lines for all hives located within 20 feet of the property line; except that a flyway barrier is not needed for any beehive kept at least ten feet off the ground.
(5)
All
hives and related structures that form the apiary shall not be located
in front or side yards and must be no less than 20 feet from the rear
yard property line; except that locations closer to the rear yard
property line are permitted with a signed written consent of all neighbors
abutting the rear property line.
(6)
Hives
shall be located a minimum of 50 feet from any structures located
on another property, including patios, porches, decks, gazebos, swimming
pools, and permanently affixed play equipment unless the owner of
the lot where such structure is located has provided written consent
for closer hive placement.
(7)
A beekeeper
must continually provide fresh water to bees from a source immediately
within the apiary, which allows bees access to water by landing on
a hard surface, to prevent bees from seeking water sources at nearby
property.
(8)
In
the event bees in a hive repeatedly exhibit aggressive behavior, it
shall be the duty of the beekeeper to remove, destroy or re-queen
the hive.
(9)
All
apiary structures and flyways must be constructed, located and maintained
consistent with and in conformity to all applicable provisions of
the Village Code.
(10)
In
addition to compliance with the requirements of this section, no one
shall keep bees that cause any nuisance, unhealthy condition, create
a public health threat or otherwise interfere with the normal use
of property or enjoyment of life by humans or animals.
(11)
The
use shall at all times be conducted pursuant to the plans and representations
made in the application.
(12)
Nothing
herein shall be interpreted to authorize the conduct of a business
or commercial use on a residential property. No sales of honey, wax
or other product shall be made from a residential property.
(13)
Persons
applying for and receiving a permit for beekeeping thereby consent
to the entry of village staff and village agents onto the subject
property at all reasonable times, to inspect and investigate the property,
the hive(s), and the bees for purposes of determining compliance and
for enforcement of this Code.
(14)
Costs
that the village may incur in inspection, investigation, testing,
quarantine, isolation, vaccination, humane euthanasia, or otherwise
arising from the subject property owner's beekeeping, may be charged
to the property owner, and such charges that remain unpaid within
the time allowed may be imposed on the tax bill for the subject property
as a special charge, pursuant to Wis. Stats. § 66.0627.
(d)
Public
health requirements. Bees shall be kept and handled in a sanitary
manner to prevent the spread of communicable diseases.
(1)
Any
beekeeper shall immediately report any unusual illness or death of
bees to the health department.
(2)
The
North Shore Health Department or its agents may order testing, quarantine,
isolation, vaccination or humane euthanasia of bees believed to be
carriers of a communicable disease.
(3)
The
requirements of Wis. Stats. § 94.76, et seq. and any applicable
state regulations shall be followed at all times.
(e)
Effect
of permit. The permit shall allow the applicant to keep up to two
hives on the subject property in compliance with this section. A new
permit is not required for the applicant to raise new or replacement
bees on the property, provided that the total shall not exceed two
hives at any time. The permit shall lapse automatically if no bees
are kept on the property for any consecutive six-month period. The
permit is not transferable from the applicant to any other person,
and does not run with the land to a new owner of the property.
(f)
Revocation. A permit is subject to revocation by the village manager or designee upon failure to comply with any provisions of subsections (d) or (e). Once a permit is revoked, a permit shall not be reissued to the applicant or for any property where the applicant resides or may reside in the village.
(g)
Duration. The permit issued pursuant to this section shall have a duration of one year, unless the permit is revoked or lapses pursuant to the provisions of subsections (f) or (g), above, prior to the expiration of said term. An annual renewal of the permit shall be required by the submittal of a new application form noting changes in facilities or adjacent property owners or their consent. Failure to satisfy this requirement may result in revocation of the permit by the village manager.
(h)
Removal.
The bees shall be immediately removed from the property upon lapse,
revocation or expiration of the permit for keeping bees. All hives,
including any bee structure or structural elements, shall be completely
removed from the property within 15 days of the lapse, revocation
or expiration of the permit for beekeeping.
[Ord. No. 23-740, 5-18-2023]
(a)
Kennels—Permit
required. No person shall operate a kennel without a valid permit
issued by the village manager. When all applicable provisions of this
section along with applicable federal and state requirements have
been complied with by the applicant and a valid occupancy permit for
the business has been issued by the building inspector, the village
manager shall issue a permit to operate upon payment of the fee as
determined by the village board from time to time.
(b)
Same—Operation.
Kennels shall be operated in accordance with the following requirements:
(1)
All
animals shall be maintained in a healthy condition, or if ill shall
be given appropriate treatment immediately;
(2)
The
quarters in which the animals are kept shall be maintained in a clean
condition and in a good state of repair;
(3)
Animal
pens or enclosures shall be large enough to provide freedom of movement
to the animals contained therein and shall be constructed of nonporous
and noncorrosive materials. Dogs and cats over the age of five months
shall be housed in separate enclosures with enough space as set by
applicable federal requirements with no more than three dogs or three
cats contained within the same enclosure. Animals shall not have the
freedom to roam the business establishment;
(4)
Food
supplies shall be stored in rodent-proof containers and food and water
containers shall be kept clean;
(5)
Litter
or bedding material shall be changed as often as necessary to prevent
an odor nuisance;
(6)
Feces
shall be removed from yard, pens and enclosures at least daily and
stored in tightly covered metal containers until final disposal;
(7)
Yards,
pens, premises and animals shall be kept free of pest infestations;
(8)
No
odor nuisance shall be permitted (any animal holding area containing
animals shall be provided with fresh air by means of windows, doors,
vents, exhaust fans or air conditioning so as to minimize drafts,
odors and moisture condensation); and
(c)
Animal
fancier permits.
(1)
The
village manager shall issue an animal fancier permit upon the payment
of all applicable fees as determined by the village board from time
to time, provided that the owner has no outstanding violations under
this chapter.
(2)
Whenever
the village manager requests an inspection of the interior and exterior
premises of a person holding an animal fancier permit or of an applicant
for an animal fancier permit, the animal fancier or applicant shall
schedule such an inspection and allow the inspection to be completed
no later than ten days after the elate of the request. A request for
a village manager inspection under this subsection may be made by
any of the following means:
a.
An
oral request delivered in person to the applicant or permit holder;
b.
An
oral request delivered by telephone to the applicant or permit holder;
c.
A written
request left al the residence or place of occupation of the applicant
or permit holder;
d.
A written
request delivered to a competent adult occupant of the applicant or
permit holder's residence;
e.
A written
request addressed to the applicant or permit holder at his residence
and mailed by first class, prepaid mail.
(3)
A person
who fails to comply with an inspection request as required by this
subsection shall be charged a delayed inspection fee as determined
by the village board from time to time.
(4)
A fancier
permit shall be revoked if an owner does not adhere to the guidelines
established in subsection (b) of this section.
[Ord. No. 23-740, 5-18-2023]
(a)
Permit
required. No person may operate a pet shop unless the person holds
a valid permit issued by the village manager. When all applicable
provisions of this section have been complied with by the applicant
and a valid occupancy permit for this business has been issued by
the building inspector, the village manager shall issue a permit to
operate a pet shop upon the payment of the fee as determined by the
village board from time to time.
(b)
Operation. Pet shops shall be operated in accordance with the requirements set forth in section 8-6.
(c)
Immunization.
No pet shop may sell or offer for sale any dog or cat five or more
months old unless the dog or cat has been vaccinated against rabies
by use of a vaccine currently licensed by the United States Department
of Agriculture. The vaccine shall be administered by or under the
supervision of a licensed veterinarian. A certificate of vaccination
identifying the dog or cat including its approximate age, date or
vaccination and signed by the vaccinating veterinarian shall be given
the purchaser at the time of sale.
(d)
Record
of sale. Every pet shop shall keep a record of every dog and cat sold
by the establishment setting forth the date and source of acquisition,
date of rabies vaccination, the date of sale and the name and address
of the purchaser. Such records shall be maintained on the pet shop
premises for at least one year following the date of sale of each
dog and cat, and such records shall be open to inspection by the village
manager at all times during which the pet shop is open to the public.
(e)
Sales
of bats, foxes, raccoons and skunks prohibited. No pet shop may engage
in the purchase, keeping, distribution or sale of any species of bats,
foxes, raccoons or skunks.
[Ord. No. 23-740, 5-18-2023]
(a)
Permit
required. No person may operate a grooming establishment without a
valid permit issued by the village manager. When all applicable provisions
of this section have been complied with by the applicant and a valid
occupancy permit for the business has been issued by the village manager
or building inspector, the village manager shall issue a permit to
operate a grooming establishment upon the payment of the fee as determined
by the village board from time to time.
(b)
Operation. Animal grooming establishments shall, in addition to the requirements set forth in section 8-16, be operated in accordance with the following:
(1)
The
floor of any room in which grooming operations are conducted or in
which animals are kept shall be covered with an impervious, smooth,
cleanable surface. The floors shall be cleaned and disinfected daily.
(2)
All
animal hair and manure shall be removed from the floors daily and
shall be stored in tightly covered, waterproof containers in such
a manner as to prevent a nuisance until the final disposal.
(3)
In
each grooming establishment that uses a bathtub, such bathtub shall
be large enough to accommodate the largest animal groomed. The tub
shall be made of approved material and shall be properly connected
to an approved water system consisting of hot and cold running water
and to an approved sewer or waste disposal system.
(4)
No
animals shall be kept in any grooming establishment other than during
regular office hours unless a valid kennel or pet shop permit is also
issued for the same location. Nothing in this section shall apply
to an establishment where grooming is incidental to the operation
of a veterinary hospital.
(5)
The
premises shall be kept free of insect and rodent infestation.
(6)
The
premises shall be maintained and operated in a nuisance free manner.
(c)
Posting
of permit. Every kennel, pet shop or grooming establishment permit
issued by the village manager shall be posted in a conspicuous place
open to the public.
(d)
Sanitary
conditions of commercial animal establishment. All commercial kennels,
hutches, runs, yards or any other commercial structures or premises
where animals permitted to be kept in accordance with th is chapter
arc housed or kept shall be maintained in a clean and sanitary condition.
[Ord. No. 23-740, 5-18-2023]
(a)
Required. Any person owning, keeping, harboring or having custody of any dog or cat over five months of age within the village must obtain a license as provided in this section and in accordance with Wis. Stats. ch. 174, relating to dogs, and chapter 26, Milwaukee County Code of Ordinances, relating to cats. Any person obtaining a dog or cat that is older than five months of age shall have 30 days to apply for an original license, except this requirement will not apply to a nonresident keeping a dog or cat within the village for less than 30 days.
(b)
Application.
Application for licenses shall be made to the village clerk and shall
include the name and address of the applicant, description of the
animal, the appropriate fee, whether the animal is spayed or neutered
and a rabies certificate or tag issued by a licensed veterinarian
verifying that the animal for which the license is sought has received
current immunization for rabies or a statement issued by a licensed
veterinarian that the immunization for rabies is contraindicated for
the animal. A rabies certificate or tag shall be deemed valid if the
termination date of the immunization falls after the date of the application
for the license. Written proof is required from a licensed veterinarian
that the animal being licensed has been spayed or neutered in order
to qualify for a reduced license fee.
(c)
Fees.
A license shall be issued after payment of the fee as determined by
the village board from time to time.
(d)
Payment
responsibility. The owner, harborer, shelterer or head of the family
shall be liable for payment of the license fee of any dog or cat owned,
harbored or kept by any member of the family.
(e)
Issuance.
Upon acceptance of the license application and fee, the village clerk
shall issue a tag and a license. The tag shall be securely attached
by the licensee to a collar or harness and the collar or harness with
the tag attached shall be kept on the dog or cat for which the license
is issued at all times. This requirement does not apply to a dog or
cat securely con fined indoors or in a fenced area.
[Ord. No. 23-740, 5-18-2023]
(a)
Unlawful.
No owner or caretaker of any animal may permit or suffer the animal
to be at-large. Any animal found at-large shall be deemed to be so
with the permission or at the sufferance of its owner or caretaker.
Any adult person alone or together with other adults may seek relief
from animals at-large by a complaint to the police chief setting forth
the specific date and approximate time an animal of a particular owner
was observed to be at-large. The police chief shall notify the owner
or caretaker of the animal, in writing, of the alleged violation and
provisions of this section. If the complainant subsequently observes
that the animal is again at-large, he may submit a written petition
to the village attorney for commencement of prosecution to obtain
compliance with this section. Such written petition shall contain:
(b)
Setting
at-large. No person may permit an animal to run at-large by opening
any door or gate of any premises or loosen any restraining device
or otherwise entice any animal to leave any place of confinement.
(c)
Animal
litter nuisance. No owner or caretaker of any animal may appear with
the animal on any street, alley, sidewalk, lawn, field or any public
property or upon a property other than their own without a shovel,
scoop, bag or other items for the removal of fecal matter. The owner
or caretaker of an animal shall immediately after deposit of fecal
matter on such premises remove all fecal matter by shovel, scoop,
bag or other item and properly wrap and deposit the fecal matter in
a waste container.
[Ord. No. 23-740, 5-18-2023]
(a)
Impounding.
Any police officer or humane officer finding an animal at-large may
seize the animal and impound it in the place designated by the police
chief. The police chief may also cause the seizure and impoundment
of animals at-large.
(b)
Repossession.
The possession of any animal so seized or impounded may be obtained
by the owner upon payment of the fee as determined by the village
board from time to time plus the current daily fee for keeping such
animal for each calendar day or fraction thereof during which the
animal has been impounded. The possession of an unlicensed dog or
cat may be obtained by the owner after he obtains the required license
and pays the specified impoundment and daily fee for keeping the dog
or cat.
[Ord. No. 23-740, 5-18-2023]
(a)
Dangerous animals regulated. No person may harbor or keep a dangerous animal, as defined in section 8-1 within the village unless all provisions of this section are complied with, except that any animal that is a prohibited dangerous animal, as defined in section 8-1, may not be kept or harbored in the village.
(b)
Leash
and muzzle. No person owning, harboring or having the care of a dangerous
animal may permit such animal to go outside its kennel or pen unless
the animal is securely leashed with a leash no longer than four feet
in length. No person may permit a dangerous animal to be kept on a
chain, rope or other type of leash outside its kennel or pen unless
a person who is competent to control the animal and capable of physically
controlling and restraining the animal is in physical control of the
leash. The animal may not be leashed to inanimate objects such as
trees, posts and buildings. A dangerous animal on a leash outside
the animal's kennel shall be muzzled in a humane way by a muzzling
device sufficient to prevent the animal from biting persons or other
animals. A dangerous animal shall not be required to be muzzled upon
prior written approval of the health department or when shown in a
sanctioned American Kennel Club show. Such written approval shall
be carried by the owner or caretaker.
(c)
Confinement.
(1)
Except
when leashed and muzzled as provided in subsection (c)(2) of this
section, all dangerous animals shall be securely confined indoors
or in a securely enclosed and locked pen or kennel that is located
on the premises of the owner or caretaker and constructed in a manner
that does not allow the animal to exit the pen or kennel on its own
volition.
(2)
When
constructed in an open yard, the pen or kennel shall, at a minimum,
be constructed to conform to the requirements of this subsection.
The pen or kennel shall be child-proof from the outside and animal-proof
from the inside. A strong metal double fence with adequate space between
fences (at least two feet) shall be provided so that a child cannot
reach into the animal enclosure. The pen, kennel or structure shall
have secure sides and a secure top attached to all sides. A structure
used to confine a dangerous animal shall be locked with a key or combination
lock when the animal is within the structure. The structure shall
either have a secure bottom or floor attached to the sides of the
pen or the sides of the pen shall be embedded in the ground no less
than two feet. All structures erected to house dangerous animals shall
comply with all village zoning and building regulations. All structures
shall be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(d)
Confinement
indoors. No dangerous animal may be kept on a porch, patio or in any
part of a house or structure on the premises of the owner or caretaker
that would allow the animal to exit the building on its own volition.
No dangerous animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle
preventing the animal from exiting the structure.
(e)
Signs.
The owner or caretaker of a dangerous animal shall display, in prominent
places on his premises near all entrances to the premises, signs in
letters of not less than two inches high warning that there is a dangerous
animal on the property. A similar sign is required to be posted on
the kennel or pen of the animal. In addition, the owner or caretaker
shall conspicuously display a sign with a symbol warning children
of the presence of a dangerous animal.
(f)
Spay
and neuter requirement. Within 30 days after an animal has been designated
dangerous, the owner or caretaker of the animal shall provide written
proof from a licensed veterinarian that the animal has been spayed
or neutered.
(g)
Liability
insurance. The owner or caretaker of a dangerous animal shall present
to the health department or police department proof that the owner
or caretaker has procured liability insurance in an amount not less
than $1,000,000.00 for any personal injuries inflicted by the dangerous
animal.
(h)
Waiver by village manager. Upon request, the village manager may waive any requirement specified in subsections (b) to (g) of this section, that the village manager deems to be inappropriate for a particular dangerous animal. The village manager may waive the provisions of subsections (b) to (g) of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of a satisfactory arrangement for safe keeping of the animal.
(i)
Appeal.
Whenever the owner or caretaker of an animal disagrees with the animal's
designation as a dangerous animal under this section, the owner or
caretaker may appeal the designation to a dangerous animal panel.
The procedure for such appeal and the composition of the panel shall
all be as specified in section 8-l3(b)(2).
(j)
Notification.
The owner or caretaker shall notify the village manager or police
department within 24 hours if a dangerous animal is at-large, is unconfined,
has attacked another animal or has attacked a human being, has died,
has been sold or has been given away. If the dangerous animal has
been sold or given away, the owner or caretaker shall also provide
the village manager or police department with the name, address and
telephone number of the new owner of the dangerous animal. If the
dangerous animal is sold or given away to a person residing outside
the village, the owner or caretaker shall present evidence to the
health department or police department showing that he has notified
the police department or other law enforcement agency of the animal's
new residence, including the name, address and telephone number of
the new owner of the dangerous animal.
(k)
Euthanasia.
If the owner or caretaker of an animal that has been designated a
dangerous animal is unwilling or unable to comply with the regulations
for keeping the animal in accordance with this section, he may have
the animal humanely euthanized by an animal shelter, the humane society
or a licensed veterinarian.
[Ord. No. 23-740, 5-18-2023]
(a)
Not allowed in village. No person may bring into or keep in the village any animal that is a prohibited dangerous animal as defined in section 8-1.
(b)
Determination
of a prohibited dangerous animal.
(1)
The village manager or designee may determine an animal to be a prohibited dangerous animal whenever the village manager or designee finds that an animal meets the definition of a prohibited dangerous animal in section 8-1 or is a dangerous animal in noncompliance with any of the provisions of sections 8-10 to 8-13.
(2)
Upon
investigation, the village manager or humane officer may declare an
animal to be a prohibited dangerous animal. The owner or caretaker
may contest in writing the designation of an animal as prohibited
dangerous animal. If an owner or caretaker contests the designation,
the village manager shall convene a hearing. The hearing shall be
conducted before a three-person animal safety panel composed of a
representative of the village clerk's office to be designated by the
village clerk, a humane officer or his designee and a veterinarian
selected by the Milwaukee County Veterinary Society. Each panel member
serves as an officer of the village exercising a quasi-judicial function
within the scope of Wis. Stats. § 893.80. At the hearing, the
owner or caretaker shall have the opportunity to present evidence
as to why the animal should not be declared a prohibited dangerous
animal. The hearing shall be held promptly and within no less than
five days nor more than ten days after service of a notice of hearing
upon the owner or caretaker of the animal.
(3)
Pending
the outcome of the hearing, the animal shall be securely confined
in a humane manner either on the premises of the owner or caretaker
or with a licensed veterinarian. The village manager may order impoundment
of the animal pending the result of the hearing.
(4)
After the hearing, the owner or caretaker shall be notified in writing of the panel's determination. If a determination is made that the animal is a prohibited dangerous animal, the owner or caretaker shall comply with sections 8-10 through 8-13 in accordance with a time schedule established by the village manager or chief of police, but in no case more than 30 days after the date of the determination. If the owner or caretaker further contests the determination, he may, within five days of receiving the panel's decision, appeal the decision to the village board.
(c)
Destruction.
Any dog that has caused bodily harm to a person off the owner's premises
without reasonable cause may be destroyed as a result of judgment
rendered by a court of competent jurisdiction, as specified under
Wis. Stats. § 174.02(3). The village attorney may petition an
appropriate court to obtain a court order to destroy such a dog.
(d)
Enforcement.
The village manager and police department may make whatever inquiry
is deemed necessary to ensure compliance with this section.
(e)
Waiver.
The village manager may waive the provisions of this section for a
law enforcement or military animal upon presentation by the animal's
owner or handler of a satisfactory arrangement for safe keeping of
the animal.
[Ord. No. 23-740, 5-18-2023]
(a)
The owner
of any animal which has contracted rabies or which has been exposed
to rabies or which is suspected of having rabies or which has bitten
any person and is capable of transmitting rabies shall, upon demand
of the police department or village manager, produce and surrender
the animal to the police department or village manager to be held
in quarantine in a place designated by the village manager for observation
for a period of time determined by the village manager, on consultation
with a veterinarian.
(b)
If upon
examination by the village manager an animal appears to be infected
with rabies, the animal shall be destroyed as directed by the village
manager.
(c)
No person
may knowingly harbor or keep any animal infected with rabies or any
animal known to have been bitten by a rabid animal.
[Ord. No. 23-740, 5-18-2023]
(a)
No person
may own, keep, possess, harbor, or care for any animal which by making
noise shall cause unreasonable annoyance or disturbance to persons
in the neighborhood or vicinity.
(b)
No person
may leave any animal he owns or which is otherwise in his possession,
harbor, or care unattended outdoors between the hours of 9:00 p.m.
and 7:00 a.m. For purposes of this section, the term "outdoors" means
not fully enclosed by walls, a roof, and/or solid doors and windows
and includes any accessory structure intended primarily for use by
animals (e.g., dog houses, kennels).
(c)
If, after reasonable investigation, the police department determines that no owner, possessor, or caretaker of an animal in violation of subsection (a) or (b) of this section has been resident overnight on the property in question for a period of 24 hours or there are no signs that an animal (whether in violation of subsections (a) or (b) of this section or not) is otherwise being cared for, then the police department may arrange pick up and detention of the animal by the Milwaukee Area Domestic Animal Control Commission.
[Ord. No. 23-740, 5-18-2023]
(a)
Cruelty.
(1)
No
person may cause, allow or personally beat, frighten, overburden or
abuse any animal or bird, or use any device or chemical substance
by which pain, suffering or death may result, whether the animal belongs
to the person or another, except that reasonable force may be used
to drive off, train or control dangerous or trespassing animals.
(2)
No
person shall abandon or transport any animal or bird in a cruel manner.
(b)
Food
and water. No person owning or having custody of any animal or bird
may neglect or fail to provide it with necessary nourishing food at
least once daily and provide a constant supply of clean water to sustain
the animal or bird in good health.
(c)
Shelter.
(1)
No
person may fail to provide any animal or bird in his charge with shelter
from inclement weather to ensure the protection and comfort of the
animal or bird.
(2)
When
sunlight is likely to cause overheating or discomfort to any animal
or bird, shade shall be provided by natural or artificial means to
allow protection from the direct rays of the sun.
(3)
Whenever
the outdoor temperature is below 40 degrees Fahrenheit, clean, dry
bedding material in quantity and type approved by a duly appointed
humane society officer shall be provided in such shelters for insulation
and to retain the body heat of the animal. Automobiles shall not be
used as animal shelters.
(d)
Leashes.
Chains, ropes or leashes shall be placed or attached so that they
cannot be entangled with another animal or object and shall be of
sufficient length in proportion to the size of the animal to allow
the animal proper exercise and convenient access to food, water and
shelter. A leash shall be located so as not to allow an animal to
trespass on public or private property nor in such a manner as to
cause harm or danger to persons or other animals.
(e)
Enforcement.
Duly appointed and acting humane officers shall enforce this section.
[Ord. No. 23-740, 5-18-2023]
Starlings, English sparrows, feral pigs, feral pigeons, feral
cats, wild turkeys, Canada geese, coyotes, white tail deer, and with
any other species of bird, fish or animal declared to be a public
nuisance by agreement of the village manager and police chief, are
hereby declared a public nuisance and may be trapped or destroyed
under the supervision of the village manager subject to applicable
federal and state regulations.
[Ord. No. 23-740, 5-18-2023]
Whenever the owner or tenant of any property in the vicinity
of a premises upon which there are pigeon harborages makes a complaint
to the health department of a feral pigeon nuisance and if a pigeon
nuisance is found to exist, the police chief shall order the owner
or manager of the premises to make the premises reasonably pigeon-proof
and when necessary cover openings with hardware cloth or other suitable
material for preventing pigeons from entering in or upon the premises.
[Ord. No. 23-740, 5-18-2023]
No person may display birds of the Psittacine family in any
store selling, giving away or preparing food or drink for human consumption
unless the birds are so enclosed as to prevent any possible contamination
of the food or drink.
[Ord. No. 23-740, 5-18-2023]
Any person having charge or control of any dead domestic animal
of any size, or any wild, feral or confirmed stray animal in excess
of 40 pounds (except those intended for food purposes) shall remove
the same from the village within 12 hours after the time said person
is or should be aware of the presence of such dead animal. In the
case of wild, feral or confirmed stray animals in excess of 40 pounds,
such person owning or having charge or control of such dead animal
may request that the department of public works remove and dispose
of the dead animal. Any person who fails to remove or cause to be
removed any dead animal shall relinquish such rights to any such animal
and the village manager may order the animal removed after the expiration
of such time and a charge placed on the property taxes of the property
pursuant to Wis. Stats. § 66.0627. The village shall not be responsible
for any bodily injury or property damage resulting from the removal
of dead animals under this section.
[Ord. No. 23-740, 5-18-2023]
The department of public works shall during normal business
hours collect and dispose of all dead wild, feral or confirmed stray
animals in excess of 40 pounds reported or found within the village.
Such collection and disposal may be provided by the employees of the
department of public works or the director of public works may cause
the collection and disposal to be performed by a private contractor.
The department of public works may collect dead wild, feral and confirmed
stray animals in excess of 40 pounds during nonbusiness hours, subject
to a special pick-up fee as set by the village board. The village
shall not be responsible for any bodily injury or property damage
resulting from the removal of dead animals under this section.
[Ord. No. 23-740, 5-18-2023]
(a)
Parking.
No person may cause or allow any means of conveyance, including railway
cars, used for the transport of dead animals, whether filled or partially
filled, to remain at any point within the village for a period longer
than 24 hours. No odor nuisance may be created by such parking.
(b)
Sanitary
condition. No person may cause or allow any conveyance or vehicle
which is used for the transport of dead or live animals when the same
is not in use to be stored or kept on any premises in the village
unless the conveyance or vehicle has been cleaned, disinfected and
deodorized or as may otherwise be directed by the village manager.
(c)
Construction.
No person may use or cause to be used any conveyance or vehicle to
carry or hold dead animals or animal refuse in the village, unless
the conveyance or vehicle has watertight floors and sides and unless
the conveyance or vehicle is constructed and arranged to shield its
contents from view and prevent leakage or loss of contents or escape
of odors.
[Ord. No. 23-740, 5-18-2023]
(a)
By order.
Whenever any violation of this chapter is found, the village manager
shall issue a written order setting forth the character of the violation.
This order may be served personally, by mailing with an affidavit
of the same to the operator of the establishment or place, or to a
person responsible for a violation at his last known address, or by
leaving a copy at his usual place of business with a responsible employee,
or his usual place of abode in the presence of some competent member
of the family at least 14 years of age, which employee or family member
shall be informed of the contents of the order. The order shall direct
the person to correct such practices or conditions within a reasonable
period of time to be determined by the village manager. The order
shall also state the potential legal or enforcement consequences if
such practices or conditions have not been corrected within that period
of time.
(b)
Suspension
or revocation of permits.
(1)
Suspension.
If at the end of a period of time set forth in an order, a re-inspection
by the village manager reveals that the practices or conditions have
not been corrected and such practices or conditions pose a potential
threat to the health of persons exposed, the village manager may notify
the operator of the business or place of the village manager's intent
to suspend the permit and give such notice in writing to the operator
and also the operator's right to a hearing and the request procedure.
When the village manager determines that existing conditions and violations
pose an imminent and immediate and dangerous threat to the health
of persons exposed to such conditions, the village manager may order
immediate suspension of a permit by written notification along with
instructions on the hearing procedure for review of such an action.
(2)
Revocation.
The village manager may serve written notice to an operator of the
village manager's intent to revoke a permit issued pursuant to this
chapter and shall notify the operator of his right to a hearing prior
to the action and the process for appeal. Grounds for village manager's
intent to revoke a permit shall include any of the following:
a.
The
operator has a record of excessive, continuing or recurring violations;
b.
The
violations pose an immediate threat to the public's health or an imminent
danger to other animals in the community and unsatisfactory action
has been taken by the operator to eliminate the conditions;
c.
A
permit issued pursuant to this chapter has been suspended, and the
corrections necessary for reinstatement of the permit have not been
made within six months following notice of the suspension;
d.
The
operator or persons representing the operator have interfered with
the lawful inspection of enforcement activities of the village manager
concerning the place of permit by physical abuse or denial of entry.
(c)
Hearing. Any person whose permit to operate an establishment or place regulated under this chapter has been suspended, or who has received notice from the village manager that the permit is to be suspended unless existing conditions or practices at the establishment are corrected, or that the permit is to be revoked, may request and shall be granted a hearing on the matter before the three-person animal safety panel established pursuant to section 8-13. If no written petition for a hearing is filed in the office of the village manager within 15 days following the day on which the notice was mailed or delivered, the permit shall be deemed to have been automatically suspended or revoked. Upon receipt of notice of permit suspension or revocation, the operator shall cease to operate the establishment. Upon receipt of petition for a hearing, the village manager shall within ten days notify the petitioner of the date, time and place of the hearing. Following the hearing, the animal safety panel shall modify or withdraw the notice of permit suspension or revocation or shall suspend or revoke the permit, as in the animal safety panel's judgment is necessary to protect the public health, safety and welfare of the citizens of the village and shall notify the petitioner in writing of the decision.
[Ord. No. 23-740, 5-18-2023]
Violations of this chapter shall be subject to the penalty provisions of section 1-13.
