[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:
ANIMAL FANCIER
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.
APIARY
Means colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as a bee yard.
APPROVED
Means approved by the village manager.
AT-LARGE
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:
(1) 
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;
(2) 
It is properly restrained within a motor vehicle; or
(3) 
It is a dangerous animal that is in compliance with the requirements of section 8-10.
BEE KEEPER
Means a person who owns or is responsible for one or more colonies of honey bees.
BEEKEEPING EQUIPMENT
Means anything used in the operation of a honey bee apiary, such as hive bodies, honey supers, frames, top covers, and/or bottom boards.
BODILY HARM
Means physical pain or injury or any impairment of physical condition.
CARETAKER
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.
CAT
Means a domesticated member of Pelis domestica.
CHICKEN
Means a common domestic fowl of the subspecies Gallus Domesticus.
COLONY
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.
DANGEROUS ANIMAL
(1) 
The term "dangerous animal" means any animal:
a. 
Which, when unprovoked, bites or otherwise inflicts bodily harm on a person, domestic pet or animal on public or private property;
b. 
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
c. 
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.
(2) 
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.
(3) 
An animal shall not be deemed a dangerous animal if it bites, attacks or menaces any person or animal to:
a. 
Defend its owner, caretaker or other person from an attack by a person or animal;
b. 
Protect its young or another animal;
c. 
Defend itself against any person or animal which has tormented, assaulted or abused it; or
d. 
Defend its owner's or caretaker's property against trespassers, unless the animal, without provocation, inflicts substantial bodily harm on a person.
DIRECTOR OF PUBLIC WORKS
Means the director of the department of public works of the village or his authorized representative.
DOG
Means a domesticated member of Canis familiaris.
DOMESTICATED ANIMAL
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.
DWELLING UNIT
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.
FLYWAY BARRIER
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.
FOWL
Means all domesticated birds and non-domesticated game birds ordinarily considered to be edible.
GROOMING
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.
GROOMING ESTABLISHMENT
Means a business establishment in which a domesticated bird or animal is received for grooming.
HIVE
Means the structure containing a colony of honey bees.
HONEY BEE
Means all stages of the common domestic honey bee, Apis mellifera species. Keeping of Apis mellifera scutellata is not permitted under any conditions.
KENNEL
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.
MULTIPLE DWELLING
Means a commercial or residential building consisting of three or more dwelling units.
OWNER
Means any person, owning, harboring, sheltering or keeping a dog, cat or any other domesticated bird or animal.
PERSON
Means any individual, firm, corporation or other legal entity.
PET SHOP
Means a business establishment, other than a kennel, where domesticated mammals, birds, fish or reptiles are kept for sale.
PROHIBITED DANGEROUS ANIMAL
Means:
(1) 
Any animal that is determined to be a prohibited dangerous animal under section 8-13(b).
(2) 
Any animal that, while off the owner's or caretaker's property, has killed a domestic pet or animal without provocation.
(3) 
Any animal that, without provocation, inflicts substantial bodily harm on a person on public or private property.
(4) 
Any animal brought from another city, village, town or county, that is described under section 8-13(b).
(5) 
Any dog that is subject to being destroyed under Wis. Stats. § 174.02(3).
(6) 
Any dog trained, owned or harbored for the purpose of dog fighting.
SUBSTANTIAL BODILY HARM
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.
SWARM
Means for purposes of this chapter, a swarm is a propagation or colony of honey bees outside of its hive.
VILLAGE MANAGER
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:
1. 
Appropriate in the location proposed;
2. 
Compatible with the neighborhood;
3. 
Not detrimental to the property values of surrounding property; and
4. 
Io keeping with the residential character and quality of the village.
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
(9) 
Kennels shall also be operated in accordance with requirements set forth in section 8-6. Nothing in this section shall apply where kennel services are incidental to the operation of a veterinary hospital.
(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:
(1) 
Name and address of complainant.
(2) 
Description of animal and address of owner.
(3) 
Dates and times violations were noted.
(4) 
Date reported to police chief.
(5) 
Statement that petitioners will be willing to sign complaint and testify in court.
(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.
(d) 
Complaints. Any person alone or together with other adults may seek relief from animal fecal matter deposits as described in subsection (c) of this section by a complaint to the village manager in the same manner and procedure as set forth in subsection (a) of this section.
[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.
(d) 
Citations. The police department may issue citations for any violation of this chapter except that the police department may not determine an animal to be a dangerous animal under section 8-1.
[Ord. No. 23-740, 5-18-2023]
Violations of this chapter shall be subject to the penalty provisions of section 1-13.