[HISTORY: Adopted by the Village Board of the Village of Waterford as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions
Article II Licensing and Control
[Adopted as §§ 9.04 through 9.06 of the 1998 Code]
[Amended 9-24-2001 by Ord. No. 416]
No person shall permit any dog owned or kept by such person, nor shall any person permit any dog under such person's management and control, to enter upon the grounds of any public park within the Village of Waterford, except as provided in Subsection B.
Generally. No person shall injure or kill any bird in the Village, nor shall any person throw stones or use any implement with the intent of killing or injuring any bird.
Water fowl. No person shall take, catch, kill, pursue or molest aquatic fowl, or their nests, upon the lakes, rivers and ponds within the Village.
[Added 11-24-2003 by Ord. No. 441; amended 12-27-2016 by Ord. No. 646]
Feeding of wildlife in public areas prohibited. No person shall feed or spread food for any wildlife in any public park or on any other property owned or occupied by the Village of Waterford. “Wildlife” as used herein includes mammals or birds that are neither human nor domesticated.
Feeding of outdoor or feral cats prohibited. No person shall feed or leave food for any outdoor or feral cat.
No person shall ride any horse, pony or donkey within the Village limits.
[Amended 1-23-2006 by Ord. No. 489]
[Adopted as § 12.03 of the 1998 Code; amended in its entirety 7-13-1998 by Ord. No. 364]
In the interpretation and enforcement of this article, the following definitions shall apply:
- A reptile, an amphibian, or any warm-blooded creature, except a human being.
- AT LARGE
- Any animal off the premises of the owner or not under the control of the owner.
- Any feline over five months of age, regardless of sex.
- CAT, FERAL OR OUTDOOR
- Any feline that is found outdoors, whether stray, nondomesticated,
or domesticated but allowed by its owners to roam at least 100 feet
from its owner or agent. A cat that has been determined to be feral
and returned to the field is ear-tipped to make the cat readily identifiable
as having been spayed or neutered.[Added 12-27-2016 by Ord. No. 646]
- Causing unnecessary neglect and excessive pain, suffering or unjustifiable death; causing unnecessary neglect and excessive pain, suffering or unjustifiable death.
- Any canine over five months of age, regardless of sex.
- DOMESTICATED ANIMAL
- Any dog, puppy, cat, kitten, or ferret.
- A domesticated polecat (mustela putorius) weasel-like mammal.
- HYBRID CAT
- Any cat bred with the intent of having lynx, pumas or other wildlife mixed into the bloodline.
- HYBRID DOG
- Any dog bred with the intent of having wolf, coyote or other wildlife mixed into the bloodline.
- Any feline under the age of five months.
- An animal rendered sterile by surgical means.
- A peace officer, local health officer, humane officer, warden, designated employee of the Wisconsin Department of Agriculture, Trade and Consumer Protection or designee of the Village Board.
- Any person who keeps, harbors or controls animals, or knowingly permits an animal to remain on or about any premises occupied by that person.
- Any canine under the age of five months.
- RESIDENTIAL DWELLING
- One residential dwelling, whether that dwelling is located
in a single-family house or is a dwelling unit located within a two-family
or multiple-family building. All of the occupants of the dwelling
unit are considered owners of all of the animals located on or about
the residential dwelling unit.[Added 3-28-2005 by Ord. No. 475]
- An animal that is not neutered by surgical means.
Every owner of a 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 prior to the date such dog becomes five months of age, in the manner provided by law for the payment of personal property taxes, pay a dog license tax and obtain a license therefor as provided by Wis. Stats. §§ 174.05 and 174.07. The license year shall commence on January 1 and end on the following December 31. Each applicant for a dog license shall present a valid certificate of vaccination in accordance with §§ 87-14 and 87-15 of this article.
[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No. 489]
Such owner shall pay to the Village Treasurer the fee in an amount set by the Village Board.
[Amended 11-22-2004 by Ord. No. 467; 7-28-2014 by Ord. No. 620]
Upon payment to the Treasurer of the required fee, the Clerk shall issue to such person a license to keep such dog for one year and such person shall, upon procuring the license, place upon the dog a collar with a tag furnished to him by the Village Clerk or the County Clerk. No person shall own an animal which is required to be licensed but is not.
Wis. Stats. ch. 174 and § 95.21 shall apply so far as applicable.
Animals at large.
[Amended 7-28-2014 by Ord. No. 620]
Prohibited. No owner shall permit any animal to run at large within the Village. A dog or cat is not at large if it is not more than 100 feet from an owner or agent competent to control the dog or cat without a leash and the dog or cat is not annoying other individuals or trespassing.
No person other than the owner shall open any gate or door so as to enable any animal to leave any premises for the purpose and result of setting such animal at large.
Any dog running at large or untagged is subject to impoundment. A dog is considered untagged if a valid license is not attached to its collar.
Damaging premises, property or injuring another animal. No person shall permit any animal to escape or to be set free or to go upon any public or private premises or land without the permission of the owner thereof or to injure or destroy any lawn, flower bed, plant, shrub, tree or fence or any other part of such premises, or to break, tear up, injure, defecate on or destroy property of the owner, or to injure or attack another animal.
[Amended 1-23-2006 by Ord. No. 489; 6-28-2010 by Ord. No. 556]
Public nuisance. No person shall own or keep an animal which repeatedly interferes with passersby or passing vehicles, or which attacks other animals or persons, or is at large or unrestrained, or damages private or public property, or excessively barks, whines, howls or makes other sounds common to its species.
Vicious animals. With the exception of animals under the control of law enforcement, no person shall own, keep or harbor a vicious animal. Evidence that an animal has, without provocation, bitten or inflicted injury on a person or domestic animal two or more times during the subject animal's life, or did bite or inflict injury once, causing wounds or injuries creating death or a potential danger to the health or life of the victim, shall constitute a prima facie showing that the animal is vicious. Any animal trained or used for fighting against another animal shall be presumed to be vicious under this section.
Disposition of nuisance or vicious animals.
Upon verified notification of a violation of this section, the Village Board will make a determination as to whether the animal is a public nuisance or is vicious.
In making its determination, the Village Board shall consider the circumstances, and may determine that an animal is not vicious if:
Death, injury or damage is sustained by a person who, at the time such was sustained, was committing trespass upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime or violating or attempting to violate a statute or ordinance which protects person or property.
Death, injury or damage was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the animal; provided, however, that this section shall not apply if the animal is trained or used for fighting.
The animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
No animal may be declared vicious for acts committed by the animal while being utilized by a law enforcement officer for law enforcement purposes.
Upon the Village Board's determination, the Village Clerk shall serve written notice and order, hand-delivered or sent by U.S. Postal Service Certified Mail, return receipt required, giving the owner no more than 10 days from receipt of the notice and order:
In the case of a public nuisance animal, to dispose of the animal and show proof of the relocation of the animal and the place of its relocation. If the owner does not dispose of such animal, it may be impounded and held for the appropriate time and then either adopted or euthanized, or it may be dealt with as unwanted.
In the case of a vicious animal, to dispose of the animal and show proof of the relocation of the animal and the place of its relocation or a certificate of euthanization. If the owner does not dispose of such animal it may be impounded and euthanized.
If the owner wishes to appeal the order of the Board, such appeal shall be in writing and filed with the Village Clerk no more than 10 days after receipt of the notice and order, or within the time designated on the order. Upon receipt of a written appeal, the Village Board shall conduct a hearing on the matter. The Board shall thereafter render a written decision:
In the case of a public nuisance animal, that the animal is a public nuisance and shall be removed or is not a nuisance and shall remain with the owner; or
In the case of a vicious animal, that the animal is dangerous and must be euthanized or is not dangerous and shall remain with the owner.
[Amended 7-28-2014 by Ord. No. 620]
No license shall be issued hereunder for any dog unless the applicant exhibits a certificate of a qualified veterinarian showing that the dog has a current inoculation for rabies.
[Amended 7-28-2014 by Ord. No. 620; 9-22-2014 by Ord. No. 621]
See § 142-4 of this Municipal Code.
No dog or cat owner shall allow the same to be on any public or private property not owned or possessed by such person, and provided that the property is not posted to prohibit the presence of such animal, unless he has and uses a device to scoop up excrement and an appropriate depository in which to place such excrement. This shall not apply to visually or physically handicapped persons.
No person shall willfully or maliciously inflict unnecessary neglect or needless cruelty, torture, or abuse, or cruelly beat, strike or abuse any animal, or by any act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether the animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals.
Any person owning, in charge of or having custody of any animal shall not abandon it. Any person who abandons any animal shall be guilty of causing the animal unnecessary and unjustifiable suffering. Any unwanted animal shall be delivered to the Humane Society or holding facility for proper disposal.
No person shall lead any animal upon a highway or street from a motor vehicle or trailer or semitrailer drawn by a motor vehicle.
[Amended 3-28-2005 by Ord. No. 475; 2-25-2013 by Ord. No. 605]
Purpose. The owning, harboring and keeping by any person of a large number of dogs, cats or any combination in a residence or on a lot used for residential purposes within the Village detracts from the quality of life within the residential area due to the various noise, odor, health and safety problems which constitute a public nuisance. The Village has deemed it necessary to abate such public nuisance by the creation of the limitation in Subsection B.
Limitation. No more than three dogs or cats or any combination thereof over three months of age may be kept in any residential dwelling unit in the Village of Waterford. Working dogs such as service dogs, medical alert dogs and certified therapy dogs are not included in the calculation. Proof of accreditation shall be provided to the Village, and licenses are required.
Providing proper shelter.
No person owning or responsible for confining any animal may fail to provide the animal with proper accessible shelter, which shall consist of a moistureproof structure of suitable size to accommodate the animal and allow retention of body heat during inclement weather, and shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness. Shelter for a dog shall be made of durable material with a solid floor raised at least two inches from the ground, with the entrance covered by a flexible, windproof material.
The housing facilities and confinement areas shall be structurally sound and maintained in good repair to protect the animal from injury and provide sufficient space to allow the animal adequate freedom of movement and to be easily cleaned. Sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
The shelter, housing facilities and confinement areas shall be kept clean and reasonably dry, without standing water or mud, and shall be kept free of feces and trash.
Providing food and drink.
Any person owning or responsible for caring for an animal shall provide food which is free of contamination, wholesome, palatable and of sufficient quality, quantity and nutritive value required for that animal. Food receptacles shall be accessible, durable and kept clean.
Any person owning or responsible for caring for an animal shall provide potable fresh water at all times. Water receptacles shall be accessible, durable and kept clean.
[Amended 1-23-2006 by Ord. No. 489; 12-10-2012 by Ord. No. 599; 12-27-2016 by Ord. No. 646]
Confinement of dogs. The Police Department or contracting law enforcement agency shall impound any dog found running at large in the Village in the Village temporary holding facility until the owner claims the dog or the dog is called for by the contracting Humane Society.
The Village shall direct any person wishing to surrender ownership of a cat or dog to the contracting Humane Society. The owner of an animal surrendered to the contracting Humane Society is responsible for the payment of fees charged by the Humane Society.
The Village may make arrangements for the impoundment or return-to-field of any animal that is not a dog that is found running at large in the Village. The Village may advise any person wishing to turn over a cat found running at large that he or she may turn the cat over to the contracting Humane Society and should inform the person of the Humane Society strategy regarding leaving healthy cats in place (including cats that have been ear-tipped) and that it would be better to search for their owners.
Disposition of animals. The person in charge of the contracting Humane Society, or other agency to which animals found in the Village are referred, may dispose of animals in accordance with Wis. Stats. § 173.23, the Humane Society’s return-to-field strategy, or other applicable law.
[Amended 6-28-2010 by Ord. No. 556]
Except as otherwise provided in this chapter, no person shall keep, maintain, or have in his possession or under his control within the Village any livestock or poultry, including but not limited to any cattle, cow, horse, sheep, swine (including any pot-belly pig), goat, chicken, duck, turkey, poultry, geese, or any polecat, skunk, raccoon, emu, ostrich, fox, game or game birds, nor shall any person keep a hybrid canine or feline.
No person shall keep, maintain, or have in his possession or under his control within the Village any nuisance or vicious animal, as determined by the Village Board pursuant to § 87-13, or as determined by, and/or ordered removed from, any court, municipality, town, county or state.
No person shall keep, maintain, or have within 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, including but not limited to:
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); and siamangs (Symphalangus).
Baboons (Papoi, Mandrillus).
Cheetahs (Acinonyx jubatus).
Crocodilians (Crocodilia), 30 inches in length or more.
Constrictor snakes, six feet in length or more.
Coyotes (Canis latrans).
Elephants (Elephas and Loxodonta).
Game cocks and other fighting birds.
Jaguars (Panthera onca).
Leopards (Panthera pardus).
Lions (Panthera leo).
Monkeys, old world (Cercopithecidae).
Pumas (Felis concolor); also known as cougars, mountain lions and panthers.
Ocelots (Felis pardalis).
Rhinoceroses (Rhinocero tidae).
Snow leopards (Panthera uncia).
Tigers (Panthera tigris).
Wolves: red wolf (Canis Lupus), gray timber (Canis Nigar), or hybrid dog, part wolf.
Wild animals as defined in Wis. Stats. § 169.01(37).
The provisions of Subsection C(1) above shall not apply to pet shops, zoological gardens, circuses, professional animal acts and wild life exhibits if special permits are granted pursuant to § 87-24 and:
Their location conforms to the provisions of the zoning ordinance of the Village, and all appropriate zoning and building permits are issued.
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 within 100 feet of the quarters in which the animals are kept.
"Wild animal," as used in this section, does not include captive-bred species of caged birds, rodents, turtles, fish, and nonpoisonous, nonconstricting snakes.
[Amended 2-24-2003 by Ord. No. 432]
This article shall not apply to any livestock brought into the Village for the purpose of being shipped out of the Village.
The Health Officer may issue an order prohibiting the keeping of any animal, fowl or bird which is deemed to pose a health hazard to the general public.
[Added 3-28-2005 by Ord. No. 475; 6-25-2008 by Ord. No. 530; 2-25-2013 by Ord. No. 605]
The keeping of an animal or bird otherwise prohibited by this article may be permitted if a special animal permit is granted under this section. Such a permit may be issued to permit circus performances, petting zoos, pony rides or other temporary public exhibition, entertainment or demonstration events using animals. If a special event permit is required under Chapter 188 of this Municipal Code, a separate special animal permit under this section is not required; provided, however, that the application required under this section shall accompany the application for the special event permit.
Application. The application for a special animal permit hereunder shall be filed with the Village Clerk and shall contain the following:
The name and address of the person or organization holding the event, the name and address of the person responsible for the animals, the date and location of the event, the types and number of animals to be present in the Village as part of the event, the housing for the animals, and the provisions for the disposal of animal waste.
Whether the applicant has been convicted of violating any animal control or cruelty law or ordinance, including any violation of this article of the Municipal Code, and, if so, when and in what court, in the previous five years. The Village may but is not required to investigate the applicant and the information provided.
Action by Clerk. The Clerk shall make a report to the Village Board of the application, which shall grant or deny such permit and shall define the effective dates of the permit.
Upon the granting of any special permit, the same shall be issued by the Village Clerk.
All permits shall be numbered in the order of their date of issuance and shall state clearly the name of the permittee, the address where the animal(s) will be kept, the type(s) of animal(s) allowed, the date of issuance, the effective dates, and the fee paid.
Conditions of issuance.
Authority of Village President. When the Board is not in session, the Village President may order the issuance of a special animal permit for an event hereunder, provided such issuance shall be acted upon by the Village Board at its next regular meeting.
Appeal of denial of permit. The denial of a permit by the Village Board may be appealed to the Circuit Court.
[Amended 1-23-2006 by Ord. No. 489; 12-10-2012 by Ord. No. 599]
Fees and costs. In addition to any penalties imposed pursuant to Subsection A, the owner of any animal found in the Village in violation of this chapter, and/or impounded pursuant to this chapter, shall be responsible for the payment of all fees, costs and charges related to the violation and/or impoundment as follows:
[Amended 7-28-2014 by Ord. No. 620]
Dogs found running at large.
When a dog that is found running at large in the Village is reclaimed by the owner before it is turned over to the contracting Humane Society, the owner shall pay all fees for impounding and keeping and caring for the dog, which shall include the administrative costs. Additional fees will be charged for after-hour calls for pick-up or release; i.e., all calls between 4:00 p.m. and 7:00 a.m. on weekdays, and all weekend and holiday calls. Fees shall increase for each additional impoundment in any twelve-month period. Prior to release of the dog to the owner, the owner shall provide proof of required vaccination and licensing, or arrange to provide such proof within 10 days. If such proof of vaccination and licensing is not provided at the time the dog is claimed, the owner shall prepay the cost, and the amount will be refunded to the owner upon the provision of said proof. If the owner does not provide proof of vaccination and licensure to the Village Treasurer within 10 days, the Village may issue citations for violations of §§ 87-7 and 87-15E. The fees shall be in the amounts set by the Village Board and shown in the Fee Schedule. The fees shall be billed to the owner and payment shall be made to the Village Treasurer within 30 days of being billed therefor. In the event that the amount due is not paid to the Village within 30 days, the amount may be charged as a special charge on the property of the owner pursuant to § 66.0627, Wis. Stats., or may be collected pursuant to any other method allowed by law.
When a dog that is found running at large in the Village is turned over to the contracting Humane Society, the owner shall be responsible for paying the Village's fees for impounding and keeping and caring for the dog, including after-hours fees and additional fees for repeat impoundments, as set forth in Subsection B(1)(a), in addition to all expenses charged by the contracting Humane Society in accordance with its regulations. The Village shall bill the owner for the Village's fees. In the event that the fees are not paid to the Village within 30 days of being billed, the fees may be charged as a special charge on the property of the owner pursuant to § 66.0627, Wis. Stats., or may be collected pursuant to any other method allowed by law.
Other animals. The owner of any animal that is in violation of this chapter and/or is impounded pursuant to this chapter is responsible for paying all of the Village's actual costs and charges incurred in investigating, apprehending, impounding, keeping and caring for the animal, and all costs of prosecution, in addition to expenses charged by any Humane Society or other person or entity engaged by the Village to care for the animal. The Village shall bill the owner for the Village's costs and charges. In the event that the costs and charges are not paid to the Village within 30 days of being billed, the costs and charges may be charged as a special charge on the property of the owner pursuant to § 66.0627, Wis. Stats., or may be collected pursuant to any other method allowed by law.
All fees, costs and charges are due whether any animal is reclaimed, released to another person, or destroyed.