Village of Webster, WI Animals

It shall be unlawful for any person in the Village of Webster to own, harbor or keep any dog more than five months of age without complying with the provisions of § 174.05 through § 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

The minimum license tax under this section shall be:

Neutered males and spayed females: as prescribed in § 98-1B(4).[1]

[1]

Editor's Note: Section 98-1B(4) refers to the definition of "neutered/spayed."

Unneutered males and females: as prescribed in § 98-1B(3).[2]

[2]

Editor's Note: Section 98-1B(3) refers to the definition of "dog."

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 98-2A of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 98-2E.

The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

Multiple-dog licenses.

Any person who keeps more than three dogs shall, instead of a license tax for each dog required by this chapter, apply for a multiple-dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as prescribed in § 98-3A(1) for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple-dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Treasurer shall issue the multiple-dog license and a number of tags equal to the number of dogs authorized to be kept.

The owner or keeper of multiple dogs shall keep at all times a multiple-dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple-dog license, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. The only exception is that a litter of pups or a portion of the litter may be kept for not more than 10 weeks from birth. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a multiple-dog tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's premises unless the dog is on a leash or temporarily unconfined/unleashed for the purposes of hunting, breeding, trial, training or competition.

The term "multiple dog" means any establishment wherein or whereon more than three or more dogs are kept.

No multiple dog license shall be issued to the keeper or operator of multiple dogs who fails to provide proper food and drink and proper shelter for the dogs or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple dog premises upon his/her own initiative. Expressly incorporated by reference in this section as minimum standards for multiple-dog keepers or operators are the relevant provisions of Ch. 174, Wis. Stats.

A condition of a multiple license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for license hereunder shall be deemed consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this Section. Should any multiple-dog license be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.

Exemption for leader dogs and service animals.

Service animals. Notwithstanding the foregoing, all service animals specifically trained to work or perform tasks for the benefit of an individual with a disability are exempt from the licensing tax, and every person owning such a dog shall receive annually a dog license from the Village Treasurer at no charge upon proper application thereof and proper vaccination required in Subsection A(4).

Leader dogs. Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the licensing tax, and every person owning such dog shall receive annually a dog license from the Village Treasurer at no charge upon proper application therefor and proof of rabies vaccination required in Subsection A(4).

State Law Reference: § 174.053, Wis. Stats.

§ 98-4 Late fees.

The Village Clerk-Treasurer shall assess and collect a late fee as established by the Village Board from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age.

§ 98-5 Rabies quarantine.

Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer shall promptly post, in at least three public places in the village, notices of quarantine furnished by the local health department for posting.

[Amended 6-13-2001]

Exemption of vaccinated dog or cat from village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice of dog or cat. An officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued, or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

Risk to animal health.

If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

Delivery of carcass; preparation; examination by Laboratory of Hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or that person's physician.

[Amended 6-13-2001]

Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

[Amended 6-13-2001]

Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

§ 98-6 Restrictions on keeping of dogs, cats, fowl and other animals.

Restrictions. It shall be unlawful for any person within the Village of Webster to own, harbor or keep any dog or cat which:

Habitually pursues any vehicle upon any public street, alley or highway in the village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the village.

Habitually barks or howls to the annoyance of any person or persons. (See § 98-12.)

Kills, wounds or worries any domestic animal.

Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(7)

In the case of a dog, is unlicensed.

Vicious dogs and animals.

A showing that a dog or other animal has bitten, attacked or injured any person shall constitute a prima facie showing that such dog or animal is vicious. A dog or other animal is deemed to be vicious when it has attacked or bitten any person when a propensity to attack or bite persons exists or is known or reasonably should be known to the owner. Any vicious dog or animal which is found off the premises of its owner may be seized by any police officer and, upon establishing to the satisfaction of a court the vicious character of such dog or animal, may be destroyed. Notwithstanding the above, a police officer may kill or tranquilize a vicious dog or animal if he determines that it is necessary to take such action in order to prevent real and immediate personal injury to any person, including himself.

[Amended 11-14-2012 by Ord. No. 2-2012]

No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.

Animals running at large.

No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or village ordinance to be licensed shall be seized and impounded by a humane officer or a village police officer.

A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.

Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

Penalties and costs. The owners of said dogs shall pay all fees connected with the impounding of said animals and be ordered to appear in the Webster Municipal Court to pay a forfeiture of $50 plus court costs for the first offense and $60, $70, $80 and $90 plus court costs for each subsequent offense.

[Amended 6-13-2007]

§ 98-7 Impoundment.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any police or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this village, assaults or attacks any person, is at large within the village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the village for any damages it sustains for improper or illegal seizure.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by the village police or humane officer, the animal shall be impounded. The officer shall notify the owner personally or through the United States Mail, if such owner is known to the officer or can be ascertained with reasonable effort, but if such owner is unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner, provided that if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 14 days for observation purposes. Within such time the owner may reclaim the animal upon payment of an impoundment fee as established by the Village Board, plus an additional fee for each day it remained in the animal shelter. No animal shall be released from the pound without being properly licensed if so required by state law.

Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal warden may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 98-8 Dogs and cats restricted in cemeteries.

No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead blind persons shall be exempt from this section.

§ 98-9 Duty of owner in case of dog or cat bite.

Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Police Department of the Village of Webster and shall keep such dog or cat confined for not less than 14 days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a village police officer or the humane officer upon demand for examination.

§ 98-10 Animal feces.

The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. Anyone walking a dog without proper cleanup materials may be deemed in violation of this section. This section shall not apply to a person who is visually or physically handicapped.

§ 98-11 Injury to property by animals.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever or to defecate thereon.

§ 98-12 Barking dogs or crying cats.

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this section when two formal, written complaints are filed with the Chief of Police within a four-week period.

§ 98-13 Prohibited and protected animals.

Protected animals.

Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna) or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas) or Mexican ridley turtle (lepidochelys kempi).

Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

Exceptions. The provisions of Subsection A above shall not be deemed to prevent the importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state or by any person or organization licensed to present a circus.

Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any of the following animals:

All poisonous animals and reptiles, including rear-fang snakes.

Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

(7)

Crocodilians (Crocodilia), 30 inches in length or more.

(8)

Constrictor snakes, six feet in length or more.

(9)

Coyotes (Canis latrans).

(10)

Deer (Cervidae); includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

(11)

Elephants (Elephas and Loxodonta).

(12)

Game cocks and other fighting birds.

(13)

Hippopotami (Hippopotamidae).

(14)

Hyenas (Hyaenidae).

(15)

Jaguars (Panthera onca).

(16)

Leopards (Panthera pardus).

(17)

Lions (Panthera leo).

(18)

Lynxes (Lynx).

(19)

Monkeys, old world (Cercopithecidae).

(20)

Ostriches (Struthio).

(21)

Piranha fish (Characidae).

(22)

Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

(23)

Rhinoceroses (Rhinocero tidae).

(24)

Sharks (class Chondrichthyes).

(25)

Snow leopards (Panthera uncia).

(26)

Swine (Suidae).

(27)

Tigers (Panthera tigris).

(28)

Poisonous insects.

Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses, if:

Their location conforms to the provisions of Chapter 298, Zoning.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept.

§ 98-14 Sale of artificially colored animals.

No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.

§ 98-15 Providing proper food and drink to confined animals.

No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.

The food shall be sufficient to maintain all animals in good health.

If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.

§ 98-16 Standards for proper shelter.

Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

Indoor standards. Minimum indoor standards of shelter shall include:

Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

Outdoor standards. Minimum outdoor standards of shelter shall include:

Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this subsection, "caged" does not include farm fencing used to confine farm animals.

Shelter from inclement weather.

Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.

Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

§ 98-17 Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified, and such officer or other person having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.

If the owner or custodian is unknown and cannot with reasonable effort be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, the animal may be treated as a stray and dealt with as such.

Whenever in the opinion of any such 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, and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

Wisconsin Statutes § 173.10, Investigation of cruelty complaints, and § 173.24, Reimbursement for expenses, are hereby adopted by reference and made a part of this chapter.

§ 98-18 Cruelty to animals and birds.

No person except a police officer or health or humane officer in the pursuit of his duties shall within the village shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird nests or bird eggs.

§ 98-19 Trapping of animals.

In the interest of public health and safety, it shall be unlawful for any person in or on land within the Village of Webster to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

This section shall prohibit the use of all traps other than live traps as described above, including but not limited to traps commonly known as leg traps, pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as it relates to trapping.

This section shall not apply to trapping within the confines of buildings or homes.

Nothing in this section shall prohibit or hinder the Village of Webster or its employees or agents from performing their official duties.

§ 98-20 Violations and penalties.

[Amended 6-13-2001; 10-8-2014 by Ord. No. 3-2014]

Any person violating §§ 98-15, 98-16, 98-17, 98-18, 98-19 or 98-23 shall be subject to a forfeiture of not less than $100 and not more than $500. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating of this chapter.

Anyone who violates §§ 98-1, 98-2, 98-3, 98-4 and 98-5 of this chapter or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $100 and not more than $500 for the first offense and not less than $100 and not more than $500 for any subsequent offenses.

Refusal to comply with order or quarantine. An owner who refuses to comply with an order issued under § 98-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 and not more than $1,000 and, on default of payment of such forfeiture; shall be imprisoned until such forfeiture is paid, but not more than 60 days.

Except as specifically provided in § 98-6, any person who violates § 98-6 through 98-14 of this chapter shall be subject to a forfeiture of not less than $100 and not more than $500 for subsequent violations.

§ 98-21 Keeping of livestock and chickens.

[Amended 3-13-2024]

All structures, pens, buildings, stables, coops or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors.

Owning, keeping, or harboring chickens. This subsection is intended for the keeping of chickens only. It shall be unlawful for any person to keep chickens upon any premises within the corporate limits of the Village unless the chickens are kept in accordance with the following provisions:

Permit required. A biannual permit shall be obtained for the purpose of keeping or harboring chickens. The permit shall be issued for two years, commencing on the first day of January and expiring on December 31.

Applicants who do not own the subject property must receive written approval from the owner of the property prior to submission of the application.

The owner of the chickens and premises shall register with the Wisconsin Department of Agriculture, Trade and Consumer Protection pursuant to Wis. Stats. § 95.51 and Ch. ATCP 17, Wis. Adm. Code.

A written waste/manure removal and disposal plan shall be submitted with the permit application.

(d)

Failure to renew the permit biannually in a timely manner may result in a citation and issuance of a late fee.

Structures required. Minimum standards shall include:

A chicken pen, run or coop shall provide enough freedom of movement and shall not provide less than four square feet of area per chicken.

Chickens shall be provided with a covered predator-proof enclosure, and chickens must be kept in the enclosure, run or fenced enclosure at all times.

Chicken runs, pens, coops, and enclosures shall be constructed of weather-resistant materials that can be cleaned, maintained, and kept in good appearance and shall be kept in a clean, sanitary condition and free from all objectionable odors. Odors shall not be perceptible at neighboring lot lines or cause a public nuisance.

(d)

All runs, pens, coops and enclosures and their location shall be inspected by the Village Official prior to operation. The Village Official shall have jurisdiction to inspect the premises and determine whether any conditions exist that create a public nuisance.

(e)

Chickens, runs, pens, coops, and enclosures shall not be kept or maintained upon a vacant lot or inside a residential structure, including basements, porches, garages, sheds, or similar storage structures.

(f)

Chickens and all related structures shall only be kept and maintained on a lot of zoned R-1 Single-Family Residential or A-1 Agricultural and Forestry.

Use conditions shall be met.

No person shall keep or harbor any rooster or other fowl except chickens, including but not limited to ducks, geese, turkeys, pheasants, quail, peacocks, or guinea hens.

No person shall own, harbor, or keep in his or her possession more than 12 chickens per lot.

Commercial slaughtering of chickens is prohibited.

(d)

Commercial sales of chickens from the residence or any residential area within the Village is prohibited.

(e)

Adequate feed and water are required. Feed shall be stored in an enclosed container to prevent rodents or other pests from gaining access.

Setbacks shall be met.

All coops and any attached runs/enclosures shall be located in the backyard of the residence and shall be a minimum of 10 feet from an abutting lot and a minimum of 25 feet from any residential structure on adjacent lots.

Manure and waste shall not be stored within 10 feet of the abutting lot and shall not create a public nuisance or offensive odors to neighboring properties.

Public health and safety.

It shall be unlawful for any person harboring chickens to disturb the peace and quiet of any person in the vicinity thereof.

It shall be unlawful for any person harboring chickens to threaten the health and safety of any person in the vicinity thereof.

Noise and odor shall not be perceptible at the adjoining lot lines to the extent it creates a public nuisance.

§ 98-22 Animals excluded from food-handling establishments.

No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public.

§ 98-23 Keeping of vicious dogs regulated.

[Added 10-8-2014 by Ord. No. 3-2014]

Definitions. The terms used in this section are defined as follows:

VICIOUS DOG

Any dog with a propensity, tendency or disposition to attack, cause injury or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.

Any dog which attacks a human being, another domestic animal, or livestock without provocation.

Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting.

Requirements and prohibitions.

Leash and muzzle. No person owning, harboring or having the care of a vicious dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts and buildings. A vicious dog on a leash outside the dog's kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the Police Chief.

Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(1) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

Confinement indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its volition. No vicious dog 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 dog from exiting the structure.

Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.

Signs. All owners, keepers or harborers of vicious dogs shall, within 15 days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." A similar sign is required to be posted on the kennel or pen of the dog.