[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 13, Art. 2 of the 1986 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
APIARY
Colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as a "bee yard."
[Added 12-18-2023 by Ord. No. 3061]
AT LARGE
To be wandering, roving or rambling at will, unrestrained, off the premises of the owner and not under the control of a person not less than 10 years of age of sufficient strength and competency to control the animal and prevent it from annoying or frightening pedestrians or trespassing on private or public property; such control shall be by means of a leash securely attached to such dog or cat, but a cat or dog within a motor vehicle of its owner shall be deemed to be on its owner's premises.
[Amended 2-7-1994 by Ord. No. 1676]
BEEKEEPER
A person who owns or has charge of one or more colonies of bees, or is requesting to own or take charge of one or more colonies of bees, and has demonstrated to the Planning and Development Director that he or she has obtained formal education or sufficient practical experience to act as a beekeeper. An applicant who fails to demonstrate the requisite training or experience will not be issued a beekeeping permit by the Village under § 192-17A. The determination of whether the applicant has the requisite training and experience will be at the sole discretion of the Village Planning and Development Director.
[Added 12-18-2023 by Ord. No. 3061]
CAT
Includes all members of the cat family, whether domesticated or in the semi-wild or wild state, male or female.
CHICKEN COOP
A small, enclosed structure where chickens are kept.
[Added 12-18-2023 by Ord. No. 3061]
COLONY
An aggregate of honey bees in a hive consisting principally of workers, but having, when perfect, one queen and at times many drones, including the brood.
[Added 12-18-2023 by Ord. No. 3061]
DOG
Includes all domesticated members of Canis familiaris, male or female.
FLYWAY BARRIER
An obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers must be six feet in height.
[Added 12-18-2023 by Ord. No. 3061]
HIVE
The shelter housing a colony of bees, including the combs, honey, and pollen. "Hive" also includes the colony of bees where indicated by the context.
[Added 12-18-2023 by Ord. No. 3061]
HONEY BEE
All life stages of the common domestic honey bee, apis mellifera species.
[Added 12-18-2023 by Ord. No. 3061]
LEASH
A cord, thong or chain not more than six feet in length by which a dog or cat is controlled by a person accompanying it; provided, however, that if a dog or cat is determined to be vicious under the provisions of this chapter, the leash shall be no more than four feet in length.
OFFICER
Includes any official with the power and authority of an officer of the peace.
OWNER
Includes any person, firm or corporation owning, harboring or keeping a dog or a cat; the occupant of any premises on which a dog or a cat remains, or to which it customarily returns, is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.
UNCONFINED
Not confining a vicious dog or cat indoors in a secured environment or not confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog or cat; the pen or structure must have secure sides and a secure top attached to the sides; if the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
VICIOUS CAT
A cat which has bitten any person or shown a propensity to attack or bite human beings or other animals.
VICIOUS DOG
A. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;
B. 
Any dog which because of its size, physical nature and vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter; or
C. 
Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
D. 
Any dog owned or harbored primarily or in part for the purposes of dog fighting, or any dog trained for dog fighting.
A. 
A license shall be required for any dog or cat living and kept in the Village over five months of age and in accordance with the amount of the license fee as enumerated in the Village Fee Schedule. The Police Department shall, on February 1 of each year, and from time to time thereafter, check the dogs and cats within the Village and cause all unlicensed dogs or cats more than five months of age to be impounded by the Milwaukee Area Domestic Animal Control Commission. Upon the payment of the required license fee, the Village Treasurer shall issue a license to the owner or keeper of such dog or cat for the current license year, which shall expire on the 31st day of December. The licensee, upon procuring the license aforesaid, shall securely attach the license tag to a collar, and this collar with a license tag attached shall, at all times, be kept on the dog or cat for which the license is issued. (See the Village Fee Schedule.)
B. 
The owner, keeper, or head of the family shall be liable for payment of the license fee of any dog or cat owned or kept by any member of the family living in the Village.
C. 
Commercial sellers of dogs or cats in the Village shall obtain from each purchaser of a dog or cat a license application and the first year's license fee at the time of sale, in trust, and shall forward, within 10 days thereafter, said fees to the Village Treasurer at the Village Hall. If a dog or cat being sold is less than a minimum license age, such seller shall, nevertheless, collect such license application and fee; the purchaser shall be entitled to a refund if, thereafter, it is established that the dog or cat died before it attained the minimum license age.
D. 
All kennels, grooming parlors, pet shops, animal shelters and veterinarian hospitals, clinics or offices in the Village shall keep on hand and prominently display dog and cat license applications; they shall distribute such applications and accept completed license applications and license fees, in trust, and shall transmit the applications and fees to the Village Treasurer at the Village Hall within 10 days of receipt thereof.
E. 
Dog and cat license applications shall be disseminated in the manner deemed most efficient by the Village. The Village shall make a reasonable effort, from time to time, to obtain an animal census in cooperation with the county and the Milwaukee Area Domestic Animal Control Commission.
F. 
The Village shall accept license applications by mail as well as in person and shall remit licenses by mail if requested.
G. 
Application for license shall be made to the Village Treasurer 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 illustrating 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.
Every owner or keeper of a dog or cat who fails to obtain a license for a dog or cat as required herein and pay the necessary fees shall be in violation of the provisions of this chapter and subject to the penalties hereinafter provided.
A. 
No dog or cat shall be at large; any police officer, sanitary inspector, or Milwaukee Area Domestic Animal Control Commission officer may seize and cause to be impounded at the Milwaukee Area Domestic Animal Control Commission facility any such dog or cat found at large.
B. 
It shall be unlawful for the owner or keeper of any dog or cat to permit or allow such dog or cat to be at large. It shall be presumed that a dog or cat is at large with the permission or knowledge of its owner or keeper. Any person violating the provisions of this subsection shall be subject to the penalties hereinafter provided.
C. 
The owner of a dog or cat which has been impounded at the Milwaukee Area Domestic Animal Control Commission facility shall be required to pay fees as enumerated in the Village Fee Schedule before the animal may be reclaimed.
[Amended 2-21-2000 by Ord. No. 1795]
A. 
The owner of a vicious dog or cat shall not suffer or permit the dog or cat to go unconfined, subject to the provisions of Subsection B hereof. In addition, the outdoor area in which the dog or cat is kept shall be secured further with a six-foot fence located in the rear yard of the premises, as "rear yard" is defined in Chapter 535, Zoning, of the Village Code. The fence shall contain a gate which shall be locked at all times when the dog or cat is present. The fence shall be so constructed that a child cannot reach through the fence into the yard.
B. 
The owner of a vicious dog or cat shall not suffer or permit the dog or cat to go beyond the premises of the owner unless the dog or cat is securely muzzled and restrained by a leash that is no more than four feet in length and under the physical restraint of a person able to control the animal. The muzzle shall be made in a manner that will not cause injury to the dog or cat or interfere with its vision or respiration but shall prevent it from biting any human or animal.
C. 
If a police officer or the Health Officer determines that a dog or cat is vicious as defined in this chapter, he/she may declare the dog to be a vicious dog. The police officer or Health Officer shall immediately inform the owner, in writing, by personal service or by regular mail, of such determination. If an owner contests the designation of the dog or cat as vicious, the Chief of Police or his designee shall convene a hearing. At the hearing, the owner shall have the opportunity to present evidence as to why the dog or cat should not be declared vicious. The hearing shall be held promptly, within no less than five days nor more than 10 days after the service of the notice upon the owner of the dog or cat. Pending the outcome of the hearing, the dog or cat must be securely confined in a humane manner, either on the premises of the owner or with a licensed veterinarian. After the hearing, the owner shall be notified in writing of the determination. If a determination is made that the dog or cat is vicious, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the Chief of Police, but in no case more than 30 days after the date of the determination.
D. 
The owner of a vicious dog or cat shall display in a prominent place on his or her premises a clearly visible warning sign in letters no less than two inches high indicating that there is a vicious dog or cat on the premises. A similar sign shall be required to be posted on the pen or kennel of the animal. The sign or signs shall contain a symbol warning children of the presence of a vicious animal.
E. 
No person, firm, corporation, organization or department shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.
F. 
The owner of a vicious dog or cat shall present to the Health Department or Police Department proof that the owner has procured liability insurance in the amount of at least $100,000 insuring the owner for any personal injuries inflicted by the vicious dog or cat. In lieu of the liability insurance requirement, the owner of a vicious dog or cat may present evidence of a surety bond in the sum of at least $100,000 payable to any person injured by the vicious dog or cat.
G. 
After a dog or cat has been designated vicious, the owner thereof shall provide written evidence from a veterinarian that the animal has been spayed or neutered.
H. 
The owner shall immediately notify the Police Department if a vicious dog or cat is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died, has been sold or has been given away. If the vicious dog or cat has been sold or given away, the owner shall also provide the Police Department with the name, address and telephone number of the new owner of the vicious dog or cat. If the vicious dog or cat is sold or given away to a person residing outside the Village, the owner shall present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the dog's or cat's new residence.
[Amended 2-7-1994 by Ord. No. 1676]
I. 
If the owner of a dog or cat that has been designated vicious is unwilling or unable to comply with the regulations for keeping the dog or cat in accordance with this chapter, he or she shall remove the dog or cat from the Village, with the dog or cat only being allowed to return if there is compliance with all regulations of this chapter, or the animal may be humanely euthanized by the Milwaukee Area Domestic Animal Control Commission or a licensed veterinarian.
J. 
The Health Department or the Police Department will make whatever inquiry is deemed necessary to ensure compliance with this chapter.
K. 
This section does not apply to dogs used while in the line of duty by the Police Department, any other law enforcement agency or unit of the United States military service.
A. 
It shall be unlawful for any person or persons, partnership or corporation to keep, maintain, or harbor more than two dogs or cats (in the aggregate) in any residence, household, dwelling unit, place of business, or appurtenance thereto within the Village of Shorewood. The keeping, maintaining, or harboring of dogs or cats in excess of two (in the aggregate) is hereby declared to be a public nuisance and illegal.
B. 
No dog or cat shall be kept or harbored unattended in any place of business except for reasons of security, in which case, prior written notice thereof shall be given to the Police Department.
C. 
A special permit allowing the harboring, keeping, or maintaining of more than two dogs or cats (in the aggregate) may be obtained from the Village Manager if he determines after investigation that the issuance of such special permit will not be injurious to public health, safety or welfare or be inimical to harmonious residential neighborhood living. Such special permit may be revoked at any time or not renewed by the Village Manager in the event that he makes a further finding that the continuance of such special permit would be injurious to public health, safety or welfare or inimical to harmonious residential neighborhood living. The permit shall be valid for one year only after the date of issuance but may be renewed upon application as for an original permit. Dogs and cats kept under the conditions of the special permit shall be licensed in the regular manner, but an annual special permit fee as enumerated in the Village Fee Schedule shall be charged in addition to the regular licensing fee.
[Amended 2-7-1994 by Ord. No. 1676]
It shall be unlawful for anyone owning, keeping or harboring a dog or cat to permit or allow the dog or cat to bark, howl, whine or make any other noise for an unreasonable period of time which disturbs the comfort, quiet, repose or peace of any of the residents of this Village.
A. 
An officer of the Police Department, Health Department or Milwaukee Area Domestic Animal Control Commission shall order a dog or cat quarantined if the officer has reason to believe that the dog or cat bit a person, is infected with rabies or has been in contact with a rabid animal. For the purposes of this section, a bite shall be defined as any penetration of the top layer of skin by teeth or scratches, abrasions, open wounds, or mucous membranes contaminated with the saliva of the dog or cat.
B. 
Dogs or cats that are currently immunized against rabies may be quarantined on the premises of the owner by the Village Health Officer. If a dog or cat is quarantined because there is reason to believe that the dog or cat bit a person and the dog or cat has not been currently immunized against rabies, the dog or cat shall be kept under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. The supervision of a veterinarian, when required, shall include an examination of the dog or cat on the first day of isolation, on the last day of isolation, and on one intervening day. Dogs or cats that have been exposed to a rabid or suspect animal will be required to be revaccinated and restrained by a leash or confined for 60 days. If the animal is not currently immunized, it shall be leashed or confined for 180 days.
C. 
If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies and said letter is filed with the Police Department or Health Department, the animal may be released from quarantine.
D. 
If the veterinarian determines that the dog or cat exhibits symptoms of rabies during the observation, the dog or cat shall be destroyed in a humane manner. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.
E. 
Every dog or cat in residence in the Village, either permanently or temporarily, over five months of age must be licensed as required under § 192-2 of this chapter and vaccinated for rabies pursuant to the provisions of § 95.21, Wis. Stats. The vaccination tag shall be attached to a collar, and the collar with the tag attached shall be kept on the dog or cat at all times, except those situations specifically exempted pursuant to § 95.21(2)(f), Wis. Stats.
F. 
Any owner of a dog or cat or any other person who knows that a dog or cat has bitten a person shall report such fact to the Police Department or the Health Department.
[Amended 2-7-1994 by Ord. No. 1676]
G. 
All provisions of § 95.21, Wis. Stats., related to rabies control are hereby adopted by reference and made a part of these Code provisions, and all owners of dogs or cats shall comply with all said provisions, whether or not specifically enumerated in this Code section.
Any person who shall knowingly harbor or keep any dog or cat infected with hydrophobia or rabies, or any dog or cat known to have been bitten or scratched by a dog or cat known to have been infected with hydrophobia or rabies, or who shall fail to report to the proper police or health authorities the existence of any dog or cat which he knows to be infected with hydrophobia or rabies, shall, upon conviction thereof, be subject to the penalty hereinafter provided.
It is hereby made the duty of all persons practicing as veterinarians in the Village of Shorewood who may have knowledge of any contagious or infectious disease existing among dogs or cats in said Village to make a report thereof to the Health Department within 12 hours after receiving such knowledge. Such report shall describe the nature and name of the disease and the place where the dog or cat so afflicted is located.
If any dog or cat which has been impounded for a period of seven days has not been reclaimed by its owner at the expiration of this period, said dog or cat may be disposed of in a humane manner by the Milwaukee Area Domestic Animal Control Commission or by other authority designated by the Village.
A. 
It is unlawful for any owner, keeper, or walker of any dog or cat to allow his or her dog or cat to discharge such animal's excreta upon any public or private property other than on the property which he or she owns or occupies in the Village, if such owner, keeper or walker does not immediately thereafter remove and clean up such animal's excreta from public or private property.
B. 
No person shall walk a dog or cat beyond the limits of his own property without carrying or having in his possession a scoop, bag or items designed to pick up and remove dog or cat excreta; further, it is unlawful for any person to dispose of the dog or cat excrement on public or private property other than his own property.
[Amended 2-7-1994 by Ord. No. 1676]
A. 
Cruelty.
(1) 
No person shall beat, frighten, overburden or abuse any animal or use any device or chemical substance, except in connection with efforts to control species determined by the Village Director of Public Health Services to be a public health hazard or nuisance, if pain, suffering or death may be caused. Reasonable force, however, may be used to drive off any vicious or trespassing animals, subject to the provisions of Subsection H hereof.
(2) 
No person shall carry or transport in any vehicle or over any street, alley, sidewalk or public ground in the Village any animal in any manner bound or restrained as to inflict pain and suffering thereto, nor shall such animals be abandoned for any reason within the Village.
B. 
Food and water. No person owning or having custody of any animal may neglect or fail to provide it with necessary nourishing food at least once daily and to provide a constant supply of clean water to sustain the animal in good health.
C. 
Shelter.
(1) 
No person shall fail to provide any animal in his or her charge with shelter from inclement weather to ensure the protection and comfort of the animal.
(2) 
When sunlight is likely to cause overheating or discomfort to any animal, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun but still allow air to pass to keep the animal cool.
[Amended 2-7-1994 by Ord. No. 1676]
(3) 
Dogs and cats kept outdoors for more than one hour at a time shall be provided with moistureproof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. Whenever the outdoor temperature is below 40° F., clean, dry bedding material shall be provided in such shelters for insulation and to retain the body heat of the animal. Motor vehicles or garages shall not be used as animal shelters, except that during winter months a doghouse may be placed inside a garage for shelter.
D. 
Area to be kept clean. Any area where an animal is housed or allowed to remain shall be kept clean of animal waste and other substances in accordance with the provisions of § 389-8 of the Village Code in order to keep the animal healthy and comfortable.
E. 
Leashes. Chains, ropes or leashes shall be placed or attached so that they shall not 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. Such leash shall be located so as not to allow an animal to trespass on public property or private property belonging to others nor in such a manner as to cause harm or danger to persons or other animals. Such leash shall be located so as not to allow the animal to jump over an obstacle where the leash can be entangled and the animal choke.
F. 
Enforcement. The Police Department or the Milwaukee Area Domestic Animal Control Commission may enforce any provision of this section by causing a Village citation to be issued or as otherwise authorized under this chapter.
G. 
Animal removal. The Police Department or Milwaukee Area Domestic Animal Control Commission may confiscate and remove animals from premises for violation of any part of this section. Animals removed because of such action may be stored or disposed of in a humane manner by the Milwaukee Area Domestic Animal Control Commission or its designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction is not required.
[Amended 2-7-1994 by Ord. No. 1676]
H. 
Exception.
(1) 
This section does not apply to the extermination of rats, mice or other vermin.
(2) 
Subject to the provisions of § 174.01(2), Wis. Stats., any person may intentionally kill a dog only if such person is threatened with serious bodily harm by the dog and:
(a) 
Other restraining actions were tried and failed; or
(b) 
Immediate action is necessary.
(3) 
Subject to the provisions of § 74.01(2), Wis. Stats., any person may intentionally kill a dog if a domestic animal that is owned or in the custody of that person is threatened with serious bodily harm by the dog and the dog is on the property owned or controlled by that person and:
(a) 
Other restraining actions were tried and failed; or
(b) 
Immediate action is necessary.
(4) 
Whenever, in the opinion of any law enforcement officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal.
It shall be unlawful for any person to injure or kill any kind of bird in the Village, except that starlings, English sparrows, and homeless pigeons, which are hereby declared a public nuisance, may be trapped or destroyed under the supervision of the Health Department.
[Amended 2-7-1994 by Ord. No. 1676; 8-10-2010 by Ord. No. 1970; 12-18-2023 by Ord. No. 3061[1]]
A. 
No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any wild animal, including but not limited to, a live monkey or other nonhuman primate, bat, raccoon, skunk, coyote and coyote-dog hybrids, fox, prairie dog, poisonous reptile, alligator, crocodile, or snake, poisonous insect or arachnid, bobcat, cheetah, cougar, jaguar, leopard, lion, lynx, panther, tiger or hybrids thereof, wolf and wolf-dog hybrids or any other animal or bird of prey which can normally be found in the wild, within the Village.
B. 
No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any livestock, including but not limited to unless expressly permitted, swine, goat, sheep, horses, ponies, mules, donkeys, turkeys, geese, cattle or fur-bearing animals within the Village.
C. 
No person, business or entity shall harbor, raise or possess, either temporarily or permanently, any animal or animals of any kind, breed or nature whatsoever within the Village which, by its nature or conduct, may or in fact does constitute either a private or public nuisance.
D. 
This section shall not be construed to apply to temporary educational events, circuses, or similar recreational events, or to animals in the custody of a veterinarian for treatment.
[1]
Editor's Note: This ordinance provided an effective date of 3-1-2024, and also renumbered former § 192-17 to § 192-16.
[Amended 2-1-2016 by Ord. No. 2058; 12-18-2023 by Ord. No. 3061[1]]
A. 
Permit required. No person shall acquire, keep, or stock honey bees in the Village without being a beekeeper and obtaining a valid permit issued by the Planning and Development Director. A permit shall be valid unless revoked pursuant to Subsection G. The permit process requires submission of a completed application accompanied with a fee as listed under the Village Fee Schedule. A permit must be renewed by April 1 of each year. Permit renewal requires submission of a completed application accompanied with the renewal fee. A late fee of two times the application fee along with the application fee shall be collected from every owner or keeper of honey bees if the owner or keeper fails to obtain a permit prior to acquiring the honey bees. Prior to issuance of a permit, the applicant shall submit to an inspection and demonstrate that all requirements of Subsections B and E are met.
B. 
Proof of notification of adjoining neighbors and site plan. Before an initial or renewal permit is issued, applicants shall furnish to the Village an application, including written proof, in the form of certified letters or a completed Village of Shorewood beekeeping neighbor notification form containing the neighbor's signed acknowledgement of notice receipt, that all residents of adjoining or diagonally abutting properties, including those across an alley, have been informed that the applicant has applied for a permit hereunder, and informing that any written objections to issuance of the permit should be submitted to the Village Planning and Development Department within 14 days of receipt of the application. The Village shall consider all objections and may deny a permit request based on neighbor objections. An applicant, if not the property owner, shall obtain the written consent of the property owner where the apiary shall be kept. An applicant must also submit a scaled dimensional drawing, showing all adjoining structures and property lines together with the proposed apiary, to the satisfaction of the Village.
C. 
Permit not transferable. A permit provides permission for honey beekeeping at the address listed in the permit application only and by the permit holder only and shall not be transferred to any other person or location. The beekeeper must also notify the Planning and Development Department when a property is going to be vacated.
D. 
Removal upon vacation of property. Upon vacating a property, the beekeeper must remove all apiary structures and bees from the property.
E. 
Keeping of honey bee hives. A permit authorizes the keeping of honey bee hives on a premises, provided the following requirements are met:
(1) 
No more than four hives are allowed on one premises.
(2) 
No hive shall exceed 20 cubic feet in volume.
(3) 
Honey bees are limited to eastern European races of apis mellifera.
(4) 
A minimum six-foot-high flyway barrier, consisting of either or some combination of closed fence, semisolid fence, dense vegetation, building, other solid flyway barrier or other barrier which the Village Planning and Development Department deems adequate, between the hive(s) and the property lines for all hives located within 20 feet of the property line. A flyway barrier is not required if the hive or hives are kept at least 10 feet off the ground.
(5) 
A constant and adequate supply of water shall be provided within the enclosure to prevent bees from seeking water sources at a nearby property. The water source shall be designed to allow honey bees to access water by landing on a hard surface. This provision shall not apply during the winter.
(6) 
All honey bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.
(7) 
All hives and related structures that form the apiary shall be located a minimum of 10 feet from all property lines, unless the owner of the adjoining property has provided written permission for closer placement.
(8) 
All hives and related structures that form the apiary shall be located a minimum of 20 feet from all public sidewalks and may not be located in front or side yards.
(9) 
Hives shall be located a minimum of 25 feet from a neighbor's primary dwelling on any adjoining lots unless the owner of the adjoining property has provided written permission for closer hive placement.
(10) 
No honey bees shall be kept on any premises which is a multitenant facility or contains two or more dwelling units, unless consent is given by all tenants.
(11) 
Hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled or removed by the most-recent permit holder.
(12) 
In any instance in which a hive exhibits unusually aggressive characteristics, it shall be the duty of the beekeeper to destroy or re-queen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
(13) 
In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.
F. 
Right of entry.
(1) 
The Planning and Development Director, or their designee, may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.
(2) 
If the Planning and Development Director, or his or her designee, finds any hive kept in violation of any requirements enumerated herein, in addition to any other remedy available under this code, he/she may order the violation corrected within 14 days. Notice of violation shall be mailed to both the permit holder and the property owner on which the apiary is located. If the permit holder fails to correct the violation within 14 days, the hive in violation may be destroyed and/or removed from the municipality by the Village, and the cost thereof shall be charged back to the property owner as a special charge pursuant to Wis. Stats § 66-0627.
G. 
Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the Village determines that continued maintenance of the hive constitutes a reasonable threat to the general health or safety of others. Once a permit is revoked, a permit shall not be reissued.
[1]
Editor's Note: This ordinance provided an effective date of 3-1-2024, and also renumbered former § 192-16 to § 192-17.
[Added 12-18-2023 by Ord. No. 3061[1]]
A. 
Permit and inspection required. No person shall keep chickens in the Village without obtaining a valid permit issued by the Planning and Development Department. No more than one such permit may be issued for any residential parcel. The permit process requires the submission of a completed application accompanied with a fee as set forth in the Village Fee Schedule. An applicant must also submit a scaled dimensional drawing, showing all property lines and structures on the subject, adjoining and diagonally abutting properties together with the proposed chicken coop and yard to the satisfaction of the Planning and Development Department. Upon the issuance of the permit and the installation of the chicken coop, the applicant shall submit to an inspection to demonstrate that all applicable requirements of Subsection G are met.
B. 
Permit renewal. A permit must be renewed by April 1 of each year. Permit renewal requires the submission of a completed application accompanied with the renewal fee as listed in the Village Fee Schedule. Neighborhood notification is not required for a permit renewal.
C. 
Failure to obtain or renew permit. A late fee of three times the application or renewal fee shall be collected from the owner of chickens if the owner fails to obtain a permit prior to acquiring chickens or if the owner fails to renew their permit by April 1.
D. 
Neighborhood notification required. Before a new permit is issued, an applicant, if not the property owner, shall obtain the written consent of the property owner where the chickens are to be kept. Applicants shall also furnish to the Village written proof, in the form of certified letters or a completed Village of Shorewood chicken keeping neighbor notification form containing the neighbor's signed acknowledgement of notice receipt, that all residents of adjoining or diagonally abutting properties, including those across an alley, have been informed that the applicant has applied for a permit hereunder, and informing that any written objections to issuance of the permit should be submitted to the Planning and Development Department within 14 days of receipt of the application. The Village shall consider all objections and may deny a permit request based on neighbor objections.
E. 
Permit not transferable. A permit provides permission for the keeping of chickens at the address listed in the permit application only and by the permit holder only and shall not be transferred to any other persons or locations.
F. 
Removal upon vacation of property. The permit holder must notify the Planning and Development Department when they are going to vacate the property. Upon vacating the property, the permit holder must remove all chickens from the property.
G. 
Keeping of chickens. The keeping of up to four chickens on a residential parcel with a valid permit is allowed, provided the following:
(1) 
No roosters shall be kept.
(2) 
No chicken shall be slaughtered.
(3) 
Chickens shall be provided with fresh water at all times and adequate amounts of feed. All additional food supplies shall be kept in closed containers.
(4) 
Chickens shall be provided with a sanitary and adequately sized chicken coop, at least four square feet per chicken, and shall be kept in the chicken coop or a sanitary and adequately sized and accessible fenced enclosure or yard 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 surface such as concrete, patio block or gravel.
(6) 
Chicken coops and yards shall be constructed and maintained to reasonably prevent the collection of standing water, and shall be cleaned of droppings, uneaten feed, feathers and other waste daily and as is necessary to ensure that the coop and yard do not become a health, odor or other nuisance.
(7) 
Chicken coops and yards together shall be large enough to provide at least 16 square feet per chicken.
(8) 
No chicken coop shall be located closer than 25 feet to any residential structure on an adjoining or diagonally abutting lot, unless consent is given by the owner of that lot.
(9) 
No chicken coop shall be located in the front yard or street side yard.
(10) 
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.
(11) 
Chicken eggs may not be sold, traded or hatched for commercial purposes.
H. 
Public health requirements.
(1) 
Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
(2) 
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Health Department.
(3) 
The Health Department may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease.
I. 
Enforcement; penalty.
(1) 
The Planning and Development Department shall issue permits and enforce the provisions of this code, except that public health provisions of Subsection H shall be enforced by the Health Department.
(2) 
Personnel from the Planning and Development and/or Health Departments may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.
(3) 
If personnel from the Planning and Development and/or Health Department(s) finds any chickens kept in violation of any requirements enumerated herein, in addition to any other remedy available under this code, they may order the violation corrected within 14 days. Notice of violation shall be mailed to both the permit holder and the property owner on which the chickens are located. If the permit holder fails to correct the violation within 14 days, the chicken coop or yard in violation may be destroyed and/or removed from the municipality by the corresponding personnel, and the cost thereof shall be charged back to the property owner as a special charge pursuant to § 66-0627, Wis. Stats.
J. 
Permit revocation. A permit shall be subject to revocation by the Planning and Development and/or Health Department(s) upon failure to comply with any provisions of this section. Once a permit is revoked, a permit shall not be reissued to the same household within two years.
[1]
Editor's Note: This ordinance provided an effective date of 3-1-2024, and also renumbered former §§ 192-18 and 192-19 as §§ 192-19 and 192-20, respectively.
Any person aggrieved by an administrative ruling, judgment or decision may appeal for hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
[Amended 2-7-1994 by Ord. No. 1676; 2-25-2008 by Ord. No. 1935]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.