[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 7, Ch. 1 of the 1992 Code. Amendments noted where
applicable.]
In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
indicated:
Mammals, reptiles and birds.
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.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
As describing a dog or cat shall mean a dog or cat having
nonfunctional reproductive 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; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this section.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have
the dog vaccinated against rabies by a veterinarian within 30 days
after the dog reaches four months of age and revaccinated within one
year after the initial vaccination. If the owner obtains the dog or
brings the dog into the Village of Orfordville after the dog has reached
four months of age, the owner shall have the dog vaccinated against
rabies within 30 days after the dog is brought into the Village unless
the dog has been vaccinated as evidenced by a current certificate
of rabies vaccination. The owner of a dog shall have the dog revaccinated
against rabies by a veterinarian before the date of that immunization
expires as stated on the certificate of vaccination or, if no date
is specified, within two years after the previous vaccination. The
certificate of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog 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 Village stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, the date of the vaccination, the type
of rabies vaccination administered and the manufacturer's serial number,
and the date that the immunization expires as specified for that type
of vaccine by the Centers for Disease Control of the United States
Department of Health and Human Services and the Village.
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 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 at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog 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 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.
Dog licenses.
(1)
It shall be unlawful for any person in the Village
of Orfordville to own, harbor or keep any dog more than five months
of age without complying with the provisions of §§ 174.05
through 174.09, Wis. Stats., relating to the listing, licensing and
tagging of the same.
(2)
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.
(3)
The minimum license tax under this section shall be
as set by the Village Board. This 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.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 106-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village 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.
(5)
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 § 106-2E.
(6)
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 Village police or humane officer shall seize, impound
or restrain any dog for which a dog license is required which is found
without such tag attached.
(7)
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 Village Clerk-Treasurer upon application therefor.
B.
Kennel licenses.
[Amended 3-9-2009]
(1)
Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as set by the Village Board. Upon payment of the required kennel 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 Clerk-Treasurer shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be located on property zoned A-1 Agricultural District following a public hearing and approval by the Village Board. The Board may attach conditions to such approval as a conditional use under Chapter 320, Zoning.
(2)
The owner or keeper of a kennel shall keep at all
times a kennel license tag attached to the collar of each dog over
five months old kept by the owner or keeper under a kennel 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. These tags may be transferred from one dog to another
within the kennel whenever any dog is removed from the kennel. 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 kennel tag shall be permitted to stray or to be taken
anywhere outside the limits of the kennel unless the dog is on a leash
or temporarily for the purposes of hunting, breeding, trial, training
or competition.
(3)
The term "kennel" means any establishment wherein
or whereon four or more dogs are kept.
(4)
No kennel license shall be issued to the keeper or
operator of a kennel who fails to provide proper food and drink and
proper shelter for the dogs in said kennel or who neglects or abandons
said dogs. The Chief of Police or other designated official shall
investigate any complaints regarding the failure to maintain proper
standards or investigate any kennel premises upon his own initiative.
Expressly incorporated by reference in this section as minimum standards
for kennel keepers or operator are the relevant provisions of § 951.14
of the Wisconsin Statutes.
The Village Clerk-Treasurer shall assess and
collect a late fee as provided in § 174.05(5), Wis. Stats.,
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. Said late fee shall be charged in addition to the required license
fee.
A.
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.
B.
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.
C.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer
or animal warden 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 shall attempt to kill the animal
in a humane manner and in a manner which avoids damage to the animal's
head.
(2)
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.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. An officer or animal warden 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.
(2)
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.
(3)
Risk to animal health.
(a)
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.
(b)
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.
(4)
Destruction 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.
E.
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 Village, the veterinarian or local health department
which prepared the carcass and, if the animal is suspected to have
bitten a person, that person or the person's physician.
F.
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 Village, 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.
G.
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.
A.
Restrictions. It shall be unlawful for any person
within the Village of Orfordville to own, harbor or keep any dog or
cat which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(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)
In the case of a dog, 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 subsection, 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, be killed by the
law enforcement 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 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
or law enforcement officer or animal warden.
(2)
A dog or cat shall not be considered to be running
at large if it is on a leash not to exceed 10 feet in length and under
control of a person physically able to control it.
D.
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.
A.
Animal control agency.
(1)
The Village of Orfordville may contract with or enter
into an agreement with such person, persons, organization or corporation
to provide for the operation of an animal shelter, impoundment of
stray animals, confinement of certain animals, disposition of impounded
animals and for assisting in the administration of rabies vaccination
programs.
(2)
The Village of Orfordville does hereby delegate to
any such animal control agency the authority to act pursuant to the
provisions of this section.
B.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, a law enforcement
officer or animal warden 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.
C.
Claiming animal disposal of unclaimed animals. After
seizure of animals under this section by a law enforcement officer
or animal warden, 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 and stating where it is impounded and
the conditions for its release, after the officer or warden 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 10 days for observation purposes. Within
such times, the owner may reclaim the animal upon payment of impoundment
fees, such fees to be established by resolution of the Village Board.
No animal shall be released from the pound without being properly
licensed if so required by state law or Village ordinance.
D.
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.
E.
Village not liable for impounding animals. The Village
and/or its animal control agency shall not be liable for the death
of any animal which has been impounded or disposed of pursuant to
this section.
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.
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 and shall keep
such dog or cat confined for not less than 10 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 law enforcement
or humane officer upon demand for examination.
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. This section shall not apply to a person who
is visually or physically handicapped.
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.
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 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), 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
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.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful 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 collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to 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 Village any poisonous reptile or any
other dangerous or carnivorous wild animal, insect 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,
reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); ans 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.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the
deer family; for example, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Ferret.
(13)
Game cocks and other fighting birds.
(14)
Hippopotami (Hippopotamidae).
(15)
Hyenas (Hyaemdae).
(16)
Jaguars (Panthera onca).
(17)
Leopards (Panthera pardus).
(18)
Lions (Panthera leo).
(19)
Lynxes (Lynx).
(20)
Monkeys, old world (Cercopithecidae).
(21)
Ostriches (Struthio).
(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)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
(29)
Except on farms, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, or any animal raised for fur-bearing purposes
unless otherwise permitted elsewhere in this Code.
[Amended 2-25-2019]
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens, 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.
E.
Livestock and fowl. Except in agriculturally zoned areas within the Village, no person shall keep within the Village any animals or fowl, except chickens (as regulated by § 106-13F) and domesticated pets, without a conditional use permit issued by the Village Board of the Village of Orfordville. In issuing a permit which may contain limitations for other animals, such as horses, cows, pigs, sheep, pigeons and the like, the Village Board shall consider the number of such animals expected to be kept, the location and likelihood of a public or private nuisance being created.
[Amended 5-10-2004 by Ord. No. O-2004-01; 6-24-2013; 2-25-2019]
F.
Chickens.
The following regulations will govern the keeping of chickens in R-1
and R-2 Residential Zoning Districts and are designed to prevent nuisances
and prevent conditions that are unsanitary or unsafe. All persons
who wish to keep, raise, and possess chickens in the Village of Orfordville
must complete a permit, pay a one-time permit fee of $20, and follow
the instructions outlined in the permit and ordinances. No person
shall keep chickens unless the following regulations are followed:
[Added 2-25-2019[1]]
(1)
Number.
No more than six hens shall be allowed for each dwelling unit.
(2)
Setbacks.
Coops or cages housing chickens shall be kept at least 15 feet from
the door or window of any dwelling or occupied structure other than
the owner's dwelling. Coops and cages shall not be located within
10 feet of a side yard or rear yard lot line. All chicken coops must
be located in the backyard of the residence. The coop and run combined
area may not exceed 120 square feet in size. The chicken coop building
shall not exceed 20 square feet. All construction and electrical work
done on the coop shall be subject to the building codes and regulations
of the Village of Orfordville, including the issuance of required
building and electrical permits as applicable.
(3)
Sanitation.
The coop and outdoor enclosure must be kept in a sanitary condition
and free from offensive odors. No animal waste shall be disposed of
in the Village sanitary sewer system.
(4)
Containment.
No person shall permit any chicken owned by him or within his charge
or possession to run at large in any street, alley or public place
within the Village, or upon the premises of another unless by permission
of the owner or occupant of such premises. Any violation of this section
may result in a fine in accordance with the Animal at Large Ordinance.
(a)
Chickens shall not be allowed to be kept within a residential dwelling
or garage.
(5)
Rental
properties. Any person(s) wanting to raise chickens on a property
they rent must have a signed agreement from said property owner. Any
person(s) wanting to raise chickens on a property zoned R-2 must have
written permission from all families who reside on said property.
The documentation of written agreement in these circumstances must
accompany the original permit submitted for consideration to the Village.
[1]
Editor's Note: This ordinance also provided that chicken coops
will not be considered accessory buildings.
A.
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.
B.
No person may sell, offer for sale, barter or give
away living chicks, ducklings or other fowl without providing proper
brooder facilities for the care of such chicks, ducklings or other
fowl during the time they are in such person's care, custody or control.
C.
No retailer, as defined in § 100.30(2)(e),
Wis. Stats., may sell, offer for sale, barter or give away living
baby rabbits, baby chicks, ducklings or other fowl under two months
of age, in any quantity fewer than six, unless the purpose of selling
these animals is for agricultural, wildlife or scientific purposes.
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.
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.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer or animal warden 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.
(3)
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, it may
be treated as a stray and dealt with as such.
(4)
Whenever in the opinion of any such officer or animal
warden 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.
(5)
Section 173.10, Investigation of cruelty complaints,
and § 173.24, Reimbursement of expenses, Wis. Stats., are
hereby adopted by reference and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps
any animal shall fail to provide proper medical attention to such
animal when and if such animal becomes sick or injured. In the event
the owner of such animal cannot be located, the Village or any animal
control agency with which the Village has an agreement or contract
shall have the authority to take custody of such animal for the purpose
of providing medical treatment, and the owner thereof shall reimburse
the person or organization for the costs of such treatment.
A.
Acts of cruelty prohibited. No person except a law
enforcement officer or animal warden 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's nest or bird's eggs.
B.
Leading animal from motor vehicle. No person shall
lead any animal upon a Village street from a motor vehicle or from
a trailer or semitrailer drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person
may expose any pet animal owned by another to any known poisonous
substance or controlled substance listed in § 961.14, Wis.
Stats., whether mixed with meat or other food or not, where it is
reasonable to anticipate the substance may be eaten by such animal
or for the purpose of harming the animal. This subsection shall not
apply to poison used on one's own premises and designed for the purpose
of rodent and pest extermination, nor the use of a controlled substance
used in accepted veterinarian practice or in research by persons or
organizations regularly engaged in such research.
D.
Use of certain devices prohibited. No person may directly
or indirectly, or by aiding, abetting or permitting the doing thereof,
either put, place, fasten, use or fix upon or to any animal used or
readied for use for a work purpose or for use in an exhibition, competition,
rodeo, circus or other performance any of the following devices: a
bristle bur, tack bur or like device, or a poling device used to train
a horse to jump which is charged with electricity or to which have
been affixed nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may
instigate, promote, aid or abet as a principal, agent, employee, participant
or spectator, or participate in the earnings from or intentionally
maintain or allow any place to be used for, the shooting, killing
or wounding with a firearm or any deadly weapon any animal that is
tied, staked out, caged or otherwise intentionally confined in a man-made
enclosure, regardless of size.
A.
Purpose. The keeping of a large number of dogs within
the Village of Orfordville for a considerable period of time detracts
from and, in many instances, is detrimental to healthful and comfortable
life in such areas. The keeping of a large number of dogs is, therefore,
declared a public nuisance.
B.
FAMILY
RESIDENTIAL LOT
Definitions. As used in this section, the following
terms shall have the meanings indicated: [1]
One or more persons.
A parcel of land occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose
of this section, any vacant parcel or parcels adjoining a dwelling
and under the same ownership shall constitute one lot.
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession
more than three dogs on any residential lot without the prior approval
of the Village Board, except that a litter of pups or a portion of
a litter may be kept for not more than eight weeks from birth. If
more than one family resides on a residential lot, then only a total
of three dogs shall be allowed on the residential lot unless prior
approval is obtained from the Village Board.[2]
(2)
The above requirement may be waived with the approval
of the Village Board when a kennel license has been issued by the
Village. Such application for waiver shall first be made to the Village
Clerk-Treasurer.
A.
Any person violating § 106-15, 106-16, 106-17, 106-18 or 106-19 shall be subject to a forfeiture of not less than $50 and not more than $200. 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 any aspect of this chapter.
C.
An owner who refuses to comply with an order issued under § 106-5 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 subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days. [1]
