It shall be unlawful for any person within the
Village of Black Earth to own, harbor or keep any dog or cat which:
A.
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
C.
Is at large within the Village limits.
D.
Habitually barks or howls to the annoyance of any
person or persons.
E.
Kills, wounds or worries any domestic animal.
F.
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.
G.
In the case of a dog/cat, is unlicensed.
A.
No vicious dog/cat shall be allowed off the premises
of its owner unless muzzled or on a leash in charge of the owner.
B.
No person shall harbor or permit to remain on his
or her premises any animal that is habitually inclined toward attacking
persons or animals, destroying property, barking excessively or making
excessive noises or running after automobiles.
A.
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 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 unlicensed animal running at
large shall be seized and impounded by an animal control or law enforcement
officer.
B.
A dog or cat shall not be running onto private property
and shall be on a leash. The animal shall be under the control of
a person physically able to control it.
The provisions of § 174.02, Wis. Stats,
relating to the owner's liability for damage caused by dogs/cats,
together with the penalties therein set forth, are hereby adopted
and incorporation herein by reference.
[Added 3-1-2016 by Ord.
No. 07-02-2015]
A.
General provisions.
(1)
The Village Board finds that honeybee pollination is important to
wildlife that depend on honeybees for a food source and as pollinators
of the plants they consume. Further, honeybee hives support a healthy
urban food supply. Therefore, notwithstanding any other provision
of this Code, honeybees may be kept on any lot, regardless of zoning,
subject to the limitations set forth below.
(2)
All honeybee colonies shall be kept in inspectable type hives with
removable combs, which shall be maintained in clean, sanitary, sound
and usable condition, free of rodents, vermin and objectionable odors.
(3)
Hives may be located only on lots of which the beekeeper is the owner
or in lawful occupation.
(4)
No more than six hives may be located on a lot with a combined volume
not to exceed 100 cubic feet.
(5)
No hive shall exceed 20 cubic feet in volume.
(6)
No hive shall be located closer than three feet from any property
line.
(7)
No hive shall be located closer than 10 feet from a public sidewalk
or 25 feet from a principal building on an abutting lot.
(8)
A supply of fresh water shall be provided for all hives during all
times honeybees are present and active.
(9)
A flyway barrier at least six feet in height shall shield any part
of a property line that is within 25 feet of a hive. The flyway barrier
shall consist of a wall, fence, dense vegetation or a combination
thereof at least 10 feet in length positioned between the hive and
the property line such that the hive is in the center of the barrier.
(10)
Any honeybee colony not residing in a hive structure intended
for beekeeping, or any swarm of honeybees or colony residing in a
standard or homemade hive, which, by virtue of its condition, has
been abandoned or not maintained by the beekeeper, is unlawful and
may be summarily destroyed or removed from the Village if the beekeeper
does not bring the hives into compliance within 30 days of notice
from the Village.
B.
Annual permit required.
(1)
Any person who keeps bees on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Village Administrator/Clerk/Treasurer in accordance with Chapter 179. The permit is valid January 1 through December 31, and the fee shall be $25 annually. The annual permit fee shall be paid no later than January 31 of the year prior to the permit term, or within 30 days of acquiring the honey bees. Any fee not paid within 30 days of the permit request will become void and the requester will need to reapply.
(2)
Permit applications submitted by a person other than a record title
owner of the property upon which bees will be kept shall provide written
consent of the property owner with the permit application.
(3)
Annual permit applications. Upon receipt of an application for a
license to house honeybee hives (or a subsequent renewal), the Village
Administrator/Clerk/Treasurer shall notify all residents within 200
feet of the applicant's address of the application being filed. If
more than 50% of the residents within 200 feet of the applicant's
property object in writing within 14 days of being notified, or if
any resident produces documented proof that they are allergic to bees,
the license shall be denied by the Village Board. Otherwise, the application
for the license can be granted by the Village Administrator/Clerk/Treasurer,
provided that all other provisions of this section are satisfied.
C.
Sale of honey. Honey produced in any Village hives shall not be sold
at the residential property unless a conditional use permit has been
granted to do so.
D.
COLONY
HIVE
HONEYBEE
Definitions. The following words, terms and phrases, when used in
this section, shall have the following meanings:
A honeybee hive and its equipment and appurtenances, including
honeybees, comb honey pollen, and brood.
A structure intended for the housing of a honeybee colony.
Any life stage of the common domestic honeybee, Apis mellifera
species.
[Added 3-1-2016 by Ord.
No. 07-01-2015]
A.
Chicken keeping in certain zoning districts. Hen chickens for egg
production for personal use may be kept as an accessory use in the
R-1 and R-2 Family Residential Districts in accordance with the following
requirements and standards:
(1)
A maximum of six chickens on a lot may be kept, but no roosters.
[Amended 3-5-2024 by Ord. No. 2024-03-01]
(2)
Chickens shall be kept in a coop which may have an adjacent fence
enclosed area. A coop shall be located in the rear yard only, and
shall not exceed 50 square feet in area and eight feet in height.
No portion of the coop or fenced area shall not be closer than 15
feet from any lot line. Such facilities shall not conflict with any
public or private utilities, drainageways or any easements related
thereto.
(3)
No person shall slaughter chickens on the property.
(4)
Chicken keeping shall be maintained in a clean, sanitary, sound and
usable condition, free of rodents, vermin and objectionable odors
or noise.
(5)
It shall be the property owner's responsibility to verify that chicken
keeping and chicken coops are permitted uses in any deed restrictions
or covenants applicable to the subject property.
(6)
Prior to establishing the use, a building permit shall be obtained
from the Building Inspector for construction of the coop and related
fencing. The application for the permit shall include a location sketch,
drawn to scale, of the coop and fencing showing property lines and
nearby structures and design information for the coop. A fee shall
be paid with submittal of the application in accord with the Village's
fee schedule.
(7)
Coops. "Coop" means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section. A coop shall not be considered an accessory building under § 310-80 of the Village Code of Ordinances. Coops shall be constructed in a workmanlike manner, be moisture resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Coops shall prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily as necessary to ensure that the coop and yard to not become a health, odor, or other nuisance.
(8)
Runs. Related fencing or chicken run means a fenced cage attached
to a coop at least 10 square feet in area per chicken and not to exceed
120 square feet in area.
B.
Annual permit required.
(1)
Any person who keeps chickens on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Village Administrator/Clerk/Treasurer in accordance with Chapter 179. The permit is valid January 1 through December 31 and the fee shall be $25 annually. The annual permit fee shall be paid no later than January 31 of each year. Any fee payments not paid within 30 days of the permit required will become void and the requester will need to reapply.
(2)
Permit applications submitted by a person other than a record title
owner of the property upon which chickens will be kept shall provide
written consent of the property owner with the permit application.
(3)
Annual permit applications. Upon receipt of an application for a
license to house chickens (or a subsequent renewal), the Village Administrator/Clerk/Treasurer
shall notify all residents within 200 feet of the applicant's address
of the application being filed. If all the residents within 200 feet
of the applicant's property object in writing within 14 days of being
notified, or if any resident produces documented proof that they are
allergic, the license shall be denied by the Village Board. Otherwise,
the application for the license can be granted by the Village Administrator/Clerk/Treasurer
provided all other provisions of this section are satisfied.
C.
Sale of chicks/chickens. All chickens and eggs produced in any Village
coops shall not be sold at the residential property unless a conditional
use permit has been granted to do so.
D.
Public health requirements.
(1)
All chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds, animals or to humans.
(2)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Wisconsin Department of Health-Dane
County.
(3)
The Village may order testing, quarantine, isolation, vaccination,
or humane euthanasia of ill chickens or chickens believed to be a
carrier of a communicable disease. The owner of the chicken shall
be responsible for all costs associated with the procedures ordered
hereunder.
[Added 3-1-2022 by Ord. No. 2022-03-01]
A.
No natural
person, corporation, limited liability company, partnership, trust
or other legal entity shall maintain or operate any place or premises
within the Village of Black Earth where animals are used as one of
the primary purposes of medical, surgical or chemical investigation,
experimentation, testing or demonstration.
B.
No natural
person, corporation, limited liability company, partnership, trust
or other legal entity shall maintain or operate any place or premises
within the Village of Black Earth where animals are bred, raised,
or possessed, sold or offered for sale for the purpose of sending
the animals outside the Village for the purpose of medical, surgical,
or chemical investigation, experimentation, testing or demonstration.
C.
Nothing
in this section shall be interpreted to limit the ability of the owner
of an animal residing in the Village to enroll their pet animal in
clinical trials of a medical or other form of rehabilitation nature
which may provide benefit to the animal.
D.
Places, premises, and operations prohibited by this section are declared to be public nuisances greatly offending public morals and decency, having a negative effect on the physical and psychological health and general welfare of the residents of the Village, as well as the health and humane welfare of animals subjected to the purposes prohibited by this section. Accordingly, violations of any section of this section are hereby deemed a public nuisance coming within the definition of Village of Black Earth ordinance § 190-3.
