[HISTORY: Adopted by the Common Council of
the City of Rice Lake as Title 7, Chapter 1 of the Code of Ordinances.
Amendments noted where applicable.]
[Amended 1-25-2000 by Ord. No. 00-3]
In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
indicated:
To be off the premises of the owner and not under the control
of some person, either by leash or otherwise, but a dog or cat within
an automobile of its owner or in an automobile of any other person
with the consent of the owner of said dog or cat shall be deemed to
be upon the owner's premises.
Any feline, regardless of age or sex.
Any canine, regardless of age or sex.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional generative organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days is presumed to
be harboring or keeping the dog or cat within the meaning of this
section.
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State Law Reference: W.S.A. ss. 174.05 through
174.10.
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A.
Rabies vaccination. The owner of a dog or cat shall
have the dog or cat vaccinated against rabies by a veterinarian within
30 days after the dog or cat reaches four months of age and revaccinated
within one year after the initial vaccination. If the owner obtains
the dog or cat or brings the dog or cat into the City of Rice Lake
after the dog or cat has reached four months of age, the owner shall
have the dog or cat vaccinated against rabies within 30 days after
the dog or cat is obtained or brought into the City, unless the dog
or cat has been vaccinated as evidenced by a current certificate of
rabies vaccination from this state or another state. The owner of
a dog or cat shall have the dog or cat revaccinated against rabies
by a veterinarian before the date that the immunization expires as
stated on the certificate of vaccination or, if no date is specified,
within three years after the previous vaccination. The certificate
of vaccination shall meet the requirements of W.S.A. s. 95.21(2).
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog or cat against rabies shall complete and issue
to the owner a certificate of rabies vaccination bearing a serial
number and in the form approved by the Department of Agriculture,
Trade and Consumer Protection stating the owner's name and address,
the name, sex, spayed or unspayed, neutered or unneutered, breed and
color of the dog or cat, the date of the vaccination, the type of
rabies vaccine administered and the manufacturer's serial number,
the date that the immunization expires as specified for that type
of vaccine by the Center for Disease Control of the United States
Department of Health and Human Services and the City where the dog
or cat is required to be licensed.
[Amended 1-25-2000 by Ord. No. 00-3]
C.
Copies of certificate. The veterinarian shall keep
a copy of each certificate of rabies vaccination in a file maintained
for this purpose until the date that the immunization expires or until
the dog or cat is revaccinated, whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate
of rabies vaccination, the veterinarian shall deliver to the owner
a rabies vaccination tag of durable material bearing the same serial
number as the certificate, the year the vaccination was given and
the name, address and telephone number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition or training, to a dog while hunting, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog or cat which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new
rabies vaccination tag with a new serial number to an owner in place
of the original tag upon presentation of the certificate of rabies
vaccination. The veterinarian shall then indicate the new tag number
on the certificate and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination
and the cost associated with the issuance of a certificate of rabies
vaccination and the delivery of a rabies vaccination tag.
A.
It shall be unlawful for any person in the City of
Rice Lake to own, harbor or keep any dog or cat more than five months
of age without complying with the provisions of W.S.A. ss. 174.05
through 174.10 relating to the listing, licensing and tagging of the
same.
B.
The owner of any dog or cat 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 or cat becomes
five months of age, pay a license tax and obtain a license.
C.
The minimum license tax under this section shall be
as set forth in the fee schedule adopted as part of the annual budget
document. The fee amount shall be reduced by 1/2 if the animal became
five months of age after July 1 during the license year. The license
year shall commence January 1 and end December 31.
D.
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 70-2 of this chapter, the City Clerk-Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state law. A duplicate copy of the license shall be kept on file by the City Clerk-Treasurer. The Clerk-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.
E.
The owner shall securely attach the tag to a collar,
and the collar with the tag attached shall be kept on the dog or cat
for which the license is issue at all times.
F.
The fact that a dog or cat is without a tag attached
to the dog or cat by means of a collar shall be presumptive evidence
that the dog or cat is unlicensed. Any City police or humane officer
shall seize, impound or restrain any dog or cat for which a dog or
cat license is required which is found without such tag attached.
G.
Notwithstanding the foregoing, every dog specifically
trained to lead blind or deaf persons is exempt from the dog license
tax, and every person owning such a dog shall receive annually a free
dog license from the Clerk-Treasurer upon application therefor.
H.
A dog may be exempted from the requirement that it be vaccinated
against rabies based on a new letter from a licensed veterinarian
that vaccination is inadvisable because of reaction to a previous
vaccination, a physical condition or a regimen of therapy that the
dog is undergoing. A letter from the veterinarian advising that an
exemption be granted shall be provided each year. The Common Council
hereby delegates the authority to grant such exemption to the City
Clerk-Treasurer or his or her designee.
[Added 5-12-2015 by Ord.
No. 15-02]
The City Clerk-Treasurer shall assess and collect
a late fee as set forth in the fee schedule adopted as part of the
annual budget document from every owner of a dog or cat 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 cat or if the owner failed to obtain a license on or before
the date the dog or cat reached licensable age.
[Amended 6-24-1997 by Ord. No. 844]
A.
State statute adopted. The provisions of W.S.A. s.
95.21 are hereby adopted by reference and made part of this chapter
as if fully set forth herein.
B.
Barron County Health Department rules adopted. The
Barron County Health Department from time to time adopts rules and
regulations controlling animal bites and the health of animals. Those
rules and regulations are hereby adopted by reference and made part
of this chapter as if fully set forth herein.
A.
Restrictions. It shall be unlawful for any person
within the City of Rice Lake to own, harbor or keep any dog or cat
which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the City.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the City.
(5)
Kills, wounds or worries any domestic animal.
(6)
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)
Is unlicensed.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of
its owner unless muzzled or on a leash in charge of the owner or a
member of the owner's immediate family over 16 years of age. For purposes
of enforcing this section, a dog shall be deemed as being of a vicious
disposition if, within any twelve-month period, it bites two or more
persons or inflicts serious injury to one person in unprovoked circumstances
off the owner's premises. Any vicious dog which is found off the premises
of its owner other than as hereinabove provided may be seized by any
person and, upon delivery to the proper authorities, may, upon establishment
to the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police or proper authorities.
(2)
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.
C.
Animals running at large.
(1)
No person having in his possession or ownership any
animal or fowl shall allow the same to run at large within the City.
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, except
that cats shall not be required to be enclosed or on a leash. Any
animal running at large unlicensed and required by state law or City
ordinance to be licensed shall be seized and impounded by an officer
of the Humane Society or the City police.
(2)
An animal shall not be considered to be running at
large if it is on a leash and under the control of a person physically
able to control it.
D.
Owner's liability for damage caused by dogs; penalties.
The provisions of W.S.A. s. 174.02, 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.
E.
No person shall allow or permit any animal owned by
him or under his control to defecate upon property not owned by him
or without such other property owner's consent or upon any public
property, excluding therefrom any property used for street purposes,
without immediately removing the feces.
A.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any police or
animal control officer may impound any dog, cat or other animal which
habitually pursues any vehicle upon any street, alley or highway of
this City, assaults or attacks any person, is at large within the
City, 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 subsection 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 City for
any damages it sustains for improper or illegal seizure.
B.
Claiming animal; disposal of unclaimed animals.
(1)
After seizure of animals under this section by the
City police or animal control officer, the animal shall be impounded
by the proper officer in the City animal shelter. 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 City 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.
(2)
If within seven days after such notice the owner does
not claim such animal, the officer shall 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
City animal shelter for 14 days for observation purposes. Within such
time the owner may reclaim the animal upon payment of a fee as set
forth in the fee schedule adopted as part of the annual budget document,
plus an additional fee for each day it remained in the animal shelter.
For any animal held or maintained in the Rice Lake Animal Shelter
after the initial seven days and subsequently claimed by an owner,
the owner shall be responsible for an additional fee per day as set
forth in the fee schedule adopted as part of the annual budget document.
(3)
No animal shall be released from the pound without
being properly licensed if so required by state law.
C.
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 for a fee to be determined by the Humane Society
of Barron County or dispose of it.
D.
City not liable for impounding animals. The City shall
not be liable for the death of any animal which has been impounded
or disposed of pursuant to this section.
Every owner or person harboring or keeping an
animal who knows that such dog, cat or other animal has bitten any
person shall immediately report such fact to the Police Department
of the City of Rice Lake and shall keep such dog, cat or other animal
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,
cat or other animal shall surrender the animal to a City police officer
upon demand for examination.
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 defecate thereon.
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 Police Department within
a four-week period.
A.
Protected animals.
(1)
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 City
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) or alligator,
caman 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).
(2)
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).
(3)
Regulating the importation of certain birds. No person,
firm or corporation shall import or cause to be imported into this
City 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.
B.
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.
C.
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 City 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 City any of the following animals:
(1)
All poisonous animals, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
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)
Wolves (Canis lupus).
D.
Exceptions. The provisions of Subsection C above shall not apply to zoological gardens, circuses and state-licensed educational institutions, if:
(2)
All animals and animal quarters are kept in a clean
and sanitary condition and so maintained as to eliminate objectionable
odors.
(3)
Animals are maintained in quarters so constructed
as to prevent their escape.
(4)
No person lives or resides within 100 feet of the
quarters in which the animals are kept.
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.
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State Law Reference: W.S.A. s. 951.11.
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A.
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.
B.
The food shall be sufficient to maintain all animals
in good health.
C.
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.
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State Law Reference: W.S.A. s. 951.13.
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A.
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.
B.
Indoor standards. Minimum indoor standards of shelter
shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter
shall include:
(1)
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.
(2)
Shelter from inclement weather.
(a)
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.
(b)
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.
D.
Space standards. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(1)
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.
(2)
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.
E.
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.
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State Law Reference: W.S.A. s. 951.14.
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A.
No person may abandon any animal.
B.
Any law enforcement officer may remove, shelter and
care for any 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.
C.
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.
D.
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.
E.
Wisconsin Statutes Sections 951.16, Investigation
of Cruelty Complaints, and 951.17, Reimbursement for Expenses, are
hereby adopted by reference and made a part of this chapter.
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State Law Reference: W.S.A. s. 951.15.
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No person, except a police officer or health
or humane officer in the pursuit of his duties, shall within the City
shoot or kill or commit an act of cruelty to any animal or bird or
disturb any bird's nests or bird's eggs.
No dog or cat is permitted in any public playground
or swimming area within the City unless such dog or cat is entered
in a contest or obedience class approved by the Common Council or
is on a leash or under control. Dogs and cats are prohibited from
being in cemeteries. Every dog specially trained to lead blind persons
shall be exempt from this section.
[Amended 1-25-2000 by Ord. No. 00-3]
Any person violating the provisions of this
chapter shall be subject to the penalties provided in W.S.A. s. 174.02.
This section shall also permit the City Attorney to apply to a court
of competent jurisdiction for a temporary or permanent injunction
restraining any person from violating any aspect of this chapter.
[Added 8-24-2021 by Ord. No. 21-04]
A.
For this section, areas zoned residential include: One- to Two-Family Residential (R), Single-Family Residential (RS), Multifamily Residential (RM) and Estate Residential (RE). An exception to the areas and animals governed by this section shall be those permitted under Rice Lake Code for Estate Residential Zoning (RE), § 260-24C(5), in accordance with that subsection.
B.
The following animals are permitted to be harbored, owned, or kept
in areas in the City that are zoned residential:
C.
Animals kept as pets outside the home.
D.
The following animals are not permitted to be harbored, owned, or
kept in areas within the City zoned residential:
E.
Animals allowed, even if a maximum number is not specified, must not be kept in such numbers that they become a nuisance or disruption to the neighborhood and its residents. The same orders used under § 70-10 for barking dogs and crying cats shall apply to other animals kept in residential districts located in the City of Rice Lake. Residents cited for violation of this section shall be allowed 15 days during which the violation can be cured, after which the citation may be withdrawn.
F.
Animals allowed under this section, whether kept inside or outside, must be provided proper shelter required in § 70-14 of the code. Any shelter so provided must be located in the rear yard of the residence at least 10 feet from the nearest property line.
G.
Offspring
of the permitted animals will be allowed until a normal age of separation
from the parents is reached. In no instances shall the number of mature
animals be allowed to exceed any maximum number of animals allowed
under this section.
