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.
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.
[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.
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.
The provisions of §§
192-4 through
192-11 of this chapter shall be applicable to all animals maintained, kept, harbored or housed in the Village of Shorewood and to the owners or keepers thereof.
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]
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.
[Amended 2-1-2016 by Ord.
No. 2058; 12-18-2023 by Ord. No. 3061]
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.
[Added 12-18-2023 by Ord. No. 3061]
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.
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.