[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 7, Ch. 1 of the 1996 Code. Amendments noted where
applicable.]
In this chapter, unless the context or subject
matter otherwise require:
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.
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.
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 chapter.
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted, and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
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 five 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 Village of Theresa
after the dog or cat has reached five months of age, the owner shall
have the dog or cat vaccinated against rabies within 30 days after
the dog or cat is brought into the Village, unless the dog or cat
has been vaccinated as evidenced by a current certificate of rabies
vaccination. The owner of a dog or cat shall have the dog or cat 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 three years after the previous vaccination. The
certificate of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.[1]
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 Village 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 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 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 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.
[Amended 3-7-2011; 7-2-2018]
A.
License required.
(1)
It shall be unlawful for any person in the Village of Theresa to
own, harbor or keep any dog or cat 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 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 as established by Village Board in Chapter 167, Fees, and obtain a license.
(3)
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 § 109-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog or cat 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.
(4)
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 ls issued at all times, except as provided in § 109-2E.
(5)
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 law enforcement 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.
(6)
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.
The Village Clerk-Treasurer shall assess and collect a late fee as prescribed in Chapter 167, Fees, 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 Theresa 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.
Animals running at large.
(1)
No person having in his/her 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/her 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 control
officer.
(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 when the animal
is off of the owner's premises.
C.
Animals restricted on public grounds and cemeteries.
No dog or cat shall be permitted in any public playground, school
grounds, public park, beach, or swimming area within the Village unless
such dog or cat is on a leash and 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.
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 Theresa 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 Theresa 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 forfeiture
hereinafter provided for a violation of this chapter, a law enforcement
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 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 subsection or have in his/her 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.
[Amended 9-11-2006]
C.
In lieu of a municipal citation, the Village shall
charge the owner of any animal held in impound a fee of $35 a day.
[Amended 8-1-2005 by Ord. No. 1-10; 3-7-2011]
D.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the animal control officer 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.
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 Village Police Department and
shall keep such dog or cat confined for not less than 10 days or for
such period of time as directed. 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.
A.
VICIOUS DOG
(1)
(2)
(3)
(4)
Definitions. The terms used in this section are defined
as follows:
Any dog with a propensity, tendency or disposition
to attack, cause injury or otherwise endanger the safety of human
beings or other domestic animals as evidenced by its habitual or repeated
chasing or snapping, barking excessively and/or snarling in a threatening
manner or making excessive noise or running after automobiles.
Any dog which, within any twenty-four-month
period, bites any domestic animal (not necessarily the same domestic
animal) two or more times in unprovoked circumstances off the owner's
premises or inflicts serious injury to any one domestic animal in
unprovoked circumstances off the owner's premises.
Any dog which, within any twenty-four-month
period, bites two or more persons (not necessarily the same persons)
in unprovoked circumstances off the owner's premises or inflicts serious
injury to any one person in unprovoked circumstances off the owner's
premises.
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
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 twenty-four-month period, it bites two
or more persons or inflicts serious injury to one person in unprovoked
circumstances off the owner's premises.
(2)
No person shall harbor or permit to remain on his/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.
C.
Requirements and prohibitions.
(1)
Leash and muzzle. No person owning, harboring or having
the care of a vicious dog may suffer to permit such dog to go outside
its kennel or pen unless such dog is securely leashed with a leash
no longer than four feet in length. No person shall permit a vicious
dog to be kept on a chain, rope or other type of leash outside its
kennel or pen unless a person is in physical control of the leash.
Such vicious dogs may not be leashed to inanimate objects such as
trees, posts, buildings, etc. In addition, all vicious dogs on a leash
outside the animal's kennel or pen must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
A vicious dog shall not be required to be muzzled when shown either
in a sanctioned American Kennel Club show or upon prior approval of
the Police Chief.
(2)
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection C(1) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3)
Confinement indoors. No vicious dog may be kept on
a porch, patio or in any part of a house or structure that would allow
the dog to exit the building on its volition. No vicious dog may be
kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacle preventing the dog from
exiting the structure.
(4)
Prohibited in multiple dwellings. No vicious dog may
be kept within any portion of any multiple dwelling.
(5)
Signs. All owners, keepers or harborers of vicious
dogs shall, within 15 days of the effective date of this section,
display in a prominent place on their premises a sign easily readable
by the public using the words "Beware of Dog." A similar sign is required
to be posted on the kennel or pen of the dog.
(6)
Insurance. All owners, keepers or harborers of vicious
dogs shall, within 30 days of the effective date of this section,
provide proof to the Police Chief of public liability insurance in
a single incident amount of $50,000 for bodily injury to or death
of any person or for the damage to property owned by any person which
may result from the ownership, keeping or maintenance of vicious dogs.
The insurance policy shall provide that no cancellation of the policy
will be made unless a ten-day written notice is first given to the
Police Chief. The owner or custodian of the dog shall produce evidence
of the required insurance upon request of a law enforcement officer.
This subsection does not apply to dogs kept by law enforcement agencies.
D.
Vicious dog determination. The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection A above. In the event the Police Chief makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
F.
Disposition of vicious dogs. Any vicious dog which
attacks a human being or domestic animal may be ordered destroyed
by a police officer or humane officer when, in the judgment of a court
of competent jurisdiction, the dog represents a continuing threat
of serious harm to human beings or domestic animals.
A.
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 therefrom
by said owner or person in charge. This section shall not apply to
a person who is visually or physically handicapped.
B.
Accumulation of fecal matter prohibited on private
yards. The owner or person in charge of the dog or cat must also prevent
accumulation of animal waste on his/her own property by regularly
patrolling and properly disposing of the fecal matter.
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, flowerbed, 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.
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 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/her possession
or under his/her 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); 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.
(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)
Ferrets.
(13)
Game cocks and other fighting birds.
(14)
Hippopotami (Hippopotamidae).
(15)
Hyenas (Hyaenidae).
(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.
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; and 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.
Farm animals; miniature pigs. No person shall bring
into, keep or maintain in the Village any bees, wasps, hornets, poisonous
snakes, horses, mules, ponies, donkeys, cattle, swine, goats, sheep,
chickens, ducks, geese, rabbits (more than four), or any animal being
raised for furbearing purposes or other wild animals unless otherwise
permitted elsewhere in this Code. The prohibitions herein do 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,
not including the raising of said animal; a display for judging purposes;
an itinerant or transient carnival, circus or other like show; dog
or cat shows or trials; or public or private educational institutions.
The prohibitions herein also do not apply to the keeping or maintaining
of farm animals in areas zoned for agricultural purposes by the Village
Board. For purposes of this subsection, the term "swine" shall not
include any miniature pigs of either sex weighing less than 80 pounds
which are intended for and kept as domestic pets.
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 less 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 or animal control officer 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, 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 951.16, Investigation of cruelty complaints,
and § 951.17, Expenses of investigation, 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 or animal control officer 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 nests 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 and
cats within the Village of Theresa 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 and cats is, therefore, declared a public nuisance.
A.
In the interest of public health and safety, it shall
be unlawful for any person in or on Village-owned land within the
Village of Theresa to set, place or tend any trap for the purpose
of trapping, killing, catching, wounding, worrying or molesting any
animal, except by use of live box-type traps only. Live box-type traps
shall be defined as those traps which capture and hold an animal in
an alive and unharmed condition.
B.
This section shall prohibit the use of all traps other
than live traps as described above, including but not limited to traps
commonly known as leg traps, pan-type traps or other traps designed
to kill, wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply
with Ch. 29, Wis. Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private
property.
E.
Nothing in this section shall prohibit or hinder the
Village of Theresa or its employees or agents from performing their
official duties.
A.
It shall be unlawful for any person to establish or
maintain any hive, stand or box where bees are kept or keep any bees
in or upon any premises within the corporate limits of the Village
unless the bees are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be
located closer than 20 feet to any property boundary. Such hives,
stands or boxes may only be located in the rear yard.
(2)
If bee colonies are kept within 50 feet of any exterior
boundary of the property on which the hive, stand or box is located,
a barrier that will prevent bees from flying through it, no less than
five feet high, shall be installed and maintained along said exterior
boundary. Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be
provided on said premises.
(4)
The bees and equipment shall be kept in accordance
with the provisions of state law.
B.
Nothing in this section shall be deemed or construed
to prohibit the keeping of bees in a hive, stand or box located within
a school or university building for the purpose of study or observation.
A.
Any person violating §§ 109-16, 109-17, 109-18, 109-19, 109-20 or 109-21 may be subject to a forfeiture of not less than $50 and not more than $250. This subsection shall also permit the Village 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.
[Amended 10-17-2022 by Ord. No. 2022-04]
B.
Anyone who violates §§ 109-2, 109-3, 109-4 and 109-5 and 109-23 of this chapter or Ch. 174, Wis. Stats., may be subject to a forfeiture of not less than $30 and not more than $250 for the first offense and not less than $100 and not more than $400 for any subsequent offenses.
[Amended 10-17-2022 by Ord. No. 2022-04]
C.
An owner who refuses to comply with an order issued under § 109-5 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 may 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, may be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
E.
Each day that a violation of this chapter continues
shall be deemed a separate violation. Any dog found to be the subject
of a violation of this chapter shall be subject to immediate seizure,
impoundment and removal from the Village by Village officials in the
event the owner or keeper of the dog fails to remove the dog from
the Village. In addition to the foregoing penalties, any person who
violates this chapter shall pay all expenses, including shelter, food,
handling and veterinary care, necessitated by the enforcement of this
chapter.
[Added 10-17-2022 by Ord. No. 2022-04]
A.
Purpose. The purpose of this section is to provide standards for
the keeping of a limited number of domesticated chickens and other
poultry on residential parcels in the Village of Theresa on a noncommercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Village recognizes that the keeping of backyard
chickens helps provide locally produced affordable and sustainable
food. In addition, the keeping of such chickens can also provide animal
companionship, weed and insect control, and nitrogen-rich fertilizer.
The Village of Theresa recognizes, however, that potential adverse
impacts may result from the keeping of domesticated chickens as a
result of odor, unsanitary waste removal and storage practices, noise,
improper living conditions, nonconfined poultry leaving the owner's
property, and the attraction of predators, rodents, or insects. This
section is intended to balance these interests. This section is not
intended to apply to indoor nonpoultry birds kept as pets, including,
but not limited to, parrots and parakeets, or to the lawful transportation
of fowl through the Village of Theresa.
B.
CHICKEN
CHICKEN COOP
CHICKEN PEN
CHICKEN TRACTOR
Definitions. The following definitions shall be applicable in this
section:
Includes the following types of poultry and fowl: chickens
(laying hens).
A structure, enclosure or building for the sheltering of
chickens or other poultry. An existing shed or garage may be utilized
for this purpose if it meets the standards in this section, including
required distances to property lines and neighboring residences, and
the area in the structure dedicated to sheltering of poultry does
not exceed the maximum dimensions permitted for a freestanding dedicated
chicken coop. Also known as a "hen house" or "chicken house."
An outdoor fenced area for poultry grazing and exercise use
associated with a chicken coop structure. Also known as a "run."
A moveable lightweight, wire-sided chicken enclosure without
a floor that can be moved about the yard to allow chickens to temporarily
graze new areas while being safely contained.
C.
Where permitted. Chickens may be raised on parcels zoned RS Single-Family
Residential District where a principal residence exists on the parcel.
D.
Permit required. No chickens may be kept in the Village of Theresa on parcels with a residential zoning classification specified in Subsection C above, except pursuant to a permit obtained from the Village Clerk-Treasurer under this section. Only one permit may be issued to a single residential parcel. A permit will only be issued to the property owner. A permit may be issued upon the applicant's meeting of the application requirements below and the husbandry and location standards of this section:
(1)
Site plan. The applicant shall provide a site plan with an application
with the following minimum information:
(a)
The dimensions of the proposed chicken coop, which should allow
for no less than three square feet per chicken, and any associated
pen.
(b)
The proposed location of a coop and associated pen.
(c)
Property boundaries and the distance of the coop and pen from
all lot lines and principal structures located on the adjacent lots.
(d)
Reporting the number of chickens (not to be greater than six)
to be kept at this address.
(2)
Fee. The applicant shall make payment of a one-time permit fee of
$30 at the time of the permit application. No fee is refundable in
whole or in part.
(3)
Inspection consent. Application and issuance of a permit under this
section constitutes consent by the applicant to the Village of Theresa
Police Department or agents named by the Police Department to enter
upon the applicant's property to ascertain compliance with this
section and with the terms of the permit, for as long as the permit
is in effect.
(4)
Permit issuance; appeals.
(a)
Permits will be issued by the Village Clerk-Treasurer upon finding
that all conditions for a permit have been met. and approved by the
Village Board. Written notice of the granting or denial of an application
shall be provided to the applicant and to any person who has filed
an objection to the granting of a permit. If a permit is denied, the
Village will provide details for such denial.
(b)
The Village may specify maximum size limits or other conditions
for a chicken coop and/or pen as a condition of permit issuance.
(c)
Any person aggrieved by the granting or denial of a permit may
have such grant or denial reviewed by the Village Board by filing
a written request for review with the Village Clerk-Treasurer no later
than 10 days after the mailing date of the notice of grant or denial.
(d)
Permits issued under this section are not transferable.
(5)
Permit revocation; citizen complaints.
(a)
Revocation grounds. A permit issued under this section may be
revoked by an enforcement official upon a finding that:
(b)
Citizen complaints. A citizen may file a written complaint for
consideration by the enforcement officials. Upon review, a revocation
action may be initiated by the enforcement official.
(c)
Revocation procedures. The enforcement official shall provide
written notice to the permittee upon the revocation of a permit, and
shall include in the notice a listing of the reasons for the revocation
and a notice of the permittee's appeal rights as provided in
this subsection. The enforcement official shall also provide a copy
of the notice to any person who has filed a written and signed complaint
regarding the permittee, and shall also provide to any such person
notice of a nonrevocation on the basis of such complaint.
(d)
Permit revocation appeals. Any person aggrieved by the revocation
or nonrevocation of a permit may appeal such decision and have the
action reviewed by the Village Board by filing a written request for
review with the Village Clerk-Treasurer no later than 10 days after
the mailing date of the notice of action.
E.
Chicken coop standards and chicken pens/runs. A coop with pen shall
be provided and shall be designated to provide safe and healthy living
conditions for the chickens while minimizing adverse impacts to other
residents in the neighborhood. Chickens shall be provided with a building
or structure ("coop") that meets the criteria set forth below:
(1)
Location. The coop with pen shall be located no closer than five
feet to a lot line, and no closer than 25 feet to any residence other
than that of the permittee, and may not be located in the street or
alley. The coop must be located in the rear yard of the lot with a
residence on it.
(2)
Space per chicken. Each mature chicken shall have a minimum of three
square feet of coop floor space.
(3)
Nesting boxes. There shall be at least one nesting box per four mature
chickens in the coop.
(4)
Elevated perches. The coop shall include elevated perches.
(5)
Soundness of construction. The coop must be structurally sound, moisture-proof,
kept in good repair, and attractively finished and maintained. Coop
structures shall have a roof and sides, be enclosed on all sides,
have at least one door, and be of a design that is secure from predators,
including, but not limited to, dogs, cats, raccoons, skunks, rats,
coyotes, fox, and hawks. Access doors must be able to be closed and
locked to prevent the escape of chickens and the entry of predators.
Fixed coops shall be moisture-resistant and be either raised up off
the ground or placed on a hard surface such as concrete, patio block,
or gravel. (May require a building permit.) Chicken coops shall be
constructed and located to reasonably minimize the collection of standing
water. A coop, with attached pen, may be of a moveable design to facilitate
grazing, providing such unit meets the standards of this section.
(6)
Windows; ventilation. The coop shall have adequate windows and vents
to provide the proper light and ventilation. A coop must have at least
one window. Window and vent openings shall be covered with predator-
and bird-proof wire of less than one inch openings. Coops shall be
located in a manner so as to provide both shade and adequate sunlight.
(7)
Chicken run access. The coop must provide access to the chicken pen/run.
(8)
Temperature. The coop must be maintained at an internal temperature
of not less than 25° F. A heating bulb may be utilized.
F.
Chicken pens/runs. Chickens shall at all times be provided with an
outdoor fenced area that meets the criteria set forth below:
(1)
Space per chicken. Each mature chicken shall have a minimum of six
square feet of ground space within a chicken pen.
(2)
Fencing/mesh size. The chicken pen shall be covered with wire fencing
or stout aviary netting with a mesh size of not more than one inch
openings. The roof of the pen can have a solid roof to prevent entry
by predators.
(3)
Fencing burial. If the chicken pen is not mobile, side fencing must
be buried at least one foot underground around the entire periphery
of the pen to prevent burrowing by predators or rodents.
G.
Miscellaneous requirements.
(1)
Number limits; other poultry species. The maximum number of chickens
which may be kept on a residential parcel is six.
(2)
Roosters. Only female chickens are permitted on residential parcels.
No roosters older than four months old are allowed in the Village
of Theresa.
(3)
Food and water. Chickens shall be provided with access to adequate
clean water and food at all times; steps shall be taken to keep such
water and food unavailable to predators and rodents.
(4)
Confinement standards. Chickens shall be kept confined in a coop
or pen enclosure at all times, except during daylight hours when they
may be on an appropriate chicken harness and leash with direct supervision
or in a secure mobile run called a tractor.
(5)
Manure storage and removal; sanitary standards.
(a)
The coop shall be cleaned daily, with droppings, uneaten food,
feathers, and other daily waste removed from the coop enclosure. Provision
shall be made for the storage and removal of chicken manure and other
waste generated. All stored manure shall be contained in a fully enclosed
building or in a predator-proof container with a lid.
(b)
Feed shall be stored in a predator-proof container. Uneaten
or spoiled feed shall be removed.
(c)
The coop, pen, and surrounding area shall be kept free from
trash and excessive accumulated droppings and shall at all times be
clean and well-maintained.
(d)
Mobile chicken coops or pens shall be moved daily to prevent
excessive manure or pathogen accumulation.
(e)
If a chicken dies, it shall be disposed of promptly in a sanitary
manner.
(6)
Lighting. Only motion-activated lighting may be used as a regular
means of illuminating the exterior of a coop.
(7)
Noise and odor impacts.
(a)
Perceptible noise from chickens shall not be persistent or be
of such loudness at the property boundaries to disturb persons of
reasonable sensitivity.
(b)
Odors from chickens, chicken manure, or other substances related
to the keeping of chickens shall not be perceptible at the property
boundaries.
(8)
Slaughtering of chickens. No slaughtering of chickens shall take
place outside or within public view.
(9)
Restrictive covenants. While the Village is not an enforcement authority
for private restrictive covenants/bylaws in place for certain subdivisions,
it is the responsibility of the permittee to also investigate and
be in compliance with any applicable land division restrictive covenants
on the keeping of poultry within that subdivision.
H.
Sale of eggs; commercial activities. A permittee or family member
of a permittee may sell eggs laid by the chickens permitted under
this section from the residence for which the permit has been issued,
provided the permittee complies with all other applicable laws. The
sale of such eggs is not considered a commercial use or a home occupation.
Chickens may not be kept for any type of commercial purposes. It shall
be unlawful for any person to hatch or keep live poultry within the
Village on a residential-zoned parcel for the purposes of sale or
breeding.
I.
The raising or keeping of poultry or fowl for fighting purposes and
actual fighting activities are prohibited in the Village of Theresa.
J.
Penalties.
(1)
A forfeiture may be assessed for any violation of this section. Violators shall, upon conviction thereof, be subject to a penalty as provided in § 109-22. Each week that a violation of this section continues shall be deemed a separate violation. Any violation hereunder shall be deemed a separate violation for each chicken kept in violation of this section.
(2)
In addition to a forfeiture penalty, any violation of the provisions
of this section or of the permit shall be grounds for the enforcement
authorities of the Village of Theresa to remove the chickens and the
chicken-related facilities. Nothing in this section, including, but
not limited to, the issuance of a permit, shall be construed as limiting
the Village from abating nuisance-type conditions on a property.
