[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.
