[HISTORY: Adopted by the Village Board of the Village of Balsam Lake as indicated in article histories. Amendments noted where applicable.]
Article I Keeping of Animals and Fowl
Article II Dogs, Cats and Domesticated Animals
[Adopted 11-5-1990 as §§ 11.03 and 11.10 of the 1990 Code]
[Amended 3-2-2009 by Ord. No. 2009-04]
No animals or fowl other than domesticated pets, nor the commercial raising of all animals or fowl, shall be kept or allowed within the Village except in areas used for agricultural purposes or as follows:
The keeping of chickens shall be allowed in zoned Residential-Scale Commercial Districts.
Minimum one-acre lot size (43,560 square feet).
Minimum of 100 feet from off-premises structures.
Shelter: maximum size of 12 feet wide by 12 feet long by 10 feet high at the peak from the ground.
Maximum of 25 chickens.
No free range allowed (must be fenced).
New construction must match the residential home’s exterior and roofing.
A privacy fence, a minimum of four feet tall, must conceal the view from off-premises residents, if needed.
No roosters are allowed.
An approved conditional use permit from the Village Board and adherence to any additional conditions required by the Board.
Except as otherwise provided, any person who shall violate any provision of this article shall be subject to the penalties provided by Chapter 1, § 1-4, of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this article.
[Adopted 11-5-1990 as §§ 12.05 and 12.10 of the 1990 Code; amended in its entirety 4-3-2006 by Ord. No. 2006-2]
The provisions of Ch. 174, Wis. Stats., exclusive of any penalties, are adopted by reference and made a part of this article as far as applicable.
No person residing in the Village longer than 30 days shall own, keep, harbor, or have custody or possession of any dog or cat which is more than five months of age, unless a license has been obtained for the dog or cat in accordance with this section.
A license shall be obtained for each dog or cat prior to the date on which it becomes five months of age, which license shall remain in effect until December 31 of the year in which it is obtained. The license shall be renewed on an annual basis thereafter, within 30 days of January 1 of each succeeding calendar year. As used in the section, the terms "license" and "license tag" are equivalent and are used interchangeably.
Upon application for a license with the Village Clerk-Treasurer, a person shall provide the name and address of the applicant and a description of the animal. A certificate, issued by a licensed veterinarian, stating that the animal has been currently inoculated for rabies and distemper shall be presented and a copy attached to the application, and the appropriate fee shall be paid to the Village Clerk-Treasurer upon submission. Any applicant for a license asserting that a dog or cat has been neutered or spayed must present evidence to the satisfaction of the Village Clerk-Treasurer if so asked.
Every person residing in the Village who owns, keeps, harbors or has custody or possession of any dog required to be licensed in accordance with this section shall insure that the dog, when away from the person's premises, is wearing a collar to which a current license tag and a current rabies vaccination tag are attached.
This section shall apply to dogs specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons, provided that no fee shall be charged for a license for such a dog.
The license fee shall be as set by the Village Board or 1/2 such fee if the dog or cat becomes five months of age after July 1 of the license year.
The Village Clerk-Treasurer shall collect a late fee as set by the Village Board if the owner fails to obtain a license by March 1 or within 30 days after the dog or cat becomes five months of age or within 30 days after acquiring a licensable dog or cat.
Dogs and unlicensed cats are not permitted to be at large within the Village at any time. A dog or unlicensed cat is considered to be at large if it is off the premises of the owner or keeper and not under the owner's or keeper's control by means of a leash, animal transport cage or other similar device or confined within a vehicle owned or controlled by the owner or keeper.
The owner or keeper of any dog tied outdoors by means of a leash, chain or similar device shall prevent the animal from being off the premises of the owner or keeper.
No person shall harbor an animal which:
Habitually pursues any vehicle upon any public street, alley or highway;
Has bitten any person, attacked or shown vicious propensities that may endanger a person;
Habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk;
Habitually or frequently barks, yelps, howls or makes other noise which would reasonably disturb or annoy an ordinary person; or
While away from the owner's or keeper's premises causes property damage or injury to any licensed dog or cat, domestic animal, or other desirable wildlife.
The Village police or any person appointed by the Village Board may apprehend any dog or unlicensed cat which is at large within the Village.
The appointed keeper of a shelter or pound shall confine all stray dogs apprehended for seven days unless sooner claimed by the owner or keeper. Any animal not reclaimed by the rightful owner after notice within such time shall become the property of the shelter or pound by abandonment.
No person occupying less than one acre of land shall keep or harbor more than two dogs and two cats in any family dwelling unit, place of residence or business within the Village, and the keeping or harboring of more than two dogs and two cats is declared to be a nuisance. This section shall not apply to the keeping of female dogs and their pups when such pups are less than eight weeks of age or female cats and their kittens when such kittens are less than eight weeks of age.
No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and potable water.
No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter from sunlight and inclement weather.
Removal of fecal matter. The owner or person in charge of any dog, cat, horse, 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 by the owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.
Accumulation of fecal matter. The owner or person in charge of an animal must also prevent accumulation of animal waste on his own property by the regular removal and disposal of such waste, so as not to attract rodents or insects, become unsightly, cause objectionable odors, or result in any other condition recognized as a nuisance by this Code or Wisconsin statute.
No person shall permit any animal, whether licensed or not, to enter any public waters of a marked beach within the Village.
The Village adopts § 95.21, Wis. Stats., requiring that any dog or cat which bites a person shall be quarantined for 10 days so that it can be observed for signs of rabies. The Polk County Health Department shall also be notified and its procedures followed.
If any animal causes a nuisance, any person objecting shall be required to provide a written complaint to the Village police.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this article.