[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 5-13-2021 by Ord. No. 2021-06;[1] amended in its entirety 9-8-2022 by Ord. No. 2022-07.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 64,
Animals, adopted 2-6-1997, as amended.
A.Â
The purpose of this chapter is to regulate and control the keeping
of animals in the Town of St. Joseph, St. Croix County, Wisconsin,
in order to promote the public health, safety, prosperity, aesthetics,
quality of life and general welfare in the Town.
B.Â
The specific intentions of this chapter are to:
The provisions of Chapters 95, 174 and 951 of the Wisconsin
Statutes are adopted and made a part hereof by reference, except as
otherwise provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any nonhuman, living warm-blooded creature, reptile or amphibian,
either domestic or wild.
The Town Board shall be empowered to appoint an Animal Control
Officer(s) or humane organization(s) whose duties shall include enforcement
of this chapter and who or which shall have authorization to issue
citations for violations thereof.
Any premises designated by the Town Board for the purpose
of impounding and caring for animals held under the authority of this
chapter.
Any person, partnership, corporation, or other business entity
engaged in the business of breeding, buying, selling or boarding dogs
or cats, provided that such person, partnership, corporation, or business
entity is customarily the owner or custodian of more than three dogs
or six cats over five months of age.
Any animal, fowl, insect, or reptile that is not normally domesticated
in Wisconsin or is inherently wild by nature.
Exotic animals include, but are not limited to, any or all of
the following orders, families and/or species, whether bred in the
wild or in captivity, and also hybrids with domestic species. The
animals, fowl, insects, and reptiles listed in parentheses are intended
to act as examples and are not to be construed as an exhaustive list
nor to limit the generality of each group of animals, fowl, reptiles
or insects:
Non-human primates and prosimians, including chimpanzees (Pan);
monkeys (Cercopithecidae); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); siamangs (Symphalangus); and baboons (Papoi, Mandrillus).
Canidae, excluding nonhybrid domesticated dogs, including wolves
(Canis lupus); coyotes (Canis latrans); and all foxes and jackals.
Felidae, excluding domesticated cats, including cheetahs (Acinonyx
jubatus); jaguars (Panthera onca); leopards (Panthera pardus); lions
(Panthera leo); lynxes (Lynx); pumas (Felis concolor) which are also
known as cougars, mountain lions or panthers; snow leopards (Panthera
uncia); tigers (Panthera tigris); and ocelots.
Ursidae, including all bears.
Crocodilians (Crocodilia) 30 inches in length or more, including
alligators, caimans, and crocodiles.
Proboscidea, including elephants (Elephas and Loxodonta).
Hyaenidae, including all hyenas.
Artiodactyla, including hippopotami (Hippopotamidae) and giraffes
(excluding camels, cattle, swine, sheep and goats).
Procyonidae, including coatis (raccoons excluded).
Marsupialia, including kangaroos (opossums excluded).
Perissodactyla, including rhinoceroses (Rhinocero tidae) and
tapirs, excluding horses, donkeys and mules.
Edentata, including anteaters, sloths and armadillos.
Viverridae, including mongooses, civets and genets.
Game cocks and other fighting birds.
Varanidae, including only water monitors and crocodile monitors.
Any other type of dangerous or carnivorous wild animal, fowl,
or reptile.
Llamas, ostriches and emus kept for purposes of husbandry and
sale are not considered to be exotic animals and are instead treated
as livestock and as animal units under all applicable provisions of
Wisconsin Statutes and the Administrative Code.
A numbered metallic tag to be issued to the owner upon payment
of the license fee and exhibition of proof of rabies shot.
Any law enforcement officer of the Town, county or state
or person designated by the Town Board Chair or two members of the
Town Board to assist in the enforcement of this chapter.
Any person, partnership, corporation or other business entity
owning, possessing, harboring or keeping an animal or animals.
Any person, partnership, corporation or other business entity
engaged in the business of breeding, buying, selling or boarding animals
of any species, except those used for agricultural purposes.
Any person, partnership, corporation or other business entity
who or which is customarily the owner or custodian of more than three
dogs or six cats over five months of age, who or which is not in the
business of breeding, buying, selling or boarding of dogs or cats.
An animal is under restraint within the meaning of this chapter
if it is controlled by a leash, at heel beside a competent person
and obedient to that person's commands, on or within a vehicle
being driven or parked on the streets or roads or within the property
limits of its owner or keeper.
Any establishment maintained and operated by a licensed veterinarian
for the diagnosis and treatment of diseases and injuries of animals.
Any animal that constitutes a threat to human beings or to
other domestic animals due to its intrinsic characteristics or by
virtue of a known history to endanger life by an unprovoked assault
or bite so as to cause bodily harm.
Upon due cause, an animal may be declared vicious by the Animal
Control Officer, County Sheriff, or Town Board. The owner of the animal
declared vicious shall be served personally, or by certified mail
with return receipt, with an order declaring the animal vicious and
citing the relevant portion of this chapter that may apply. Any animal
owner aggrieved by said order may petition the Town Board for a review
of the order. Upon receipt of the petition, the Town Board shall schedule
and conduct a hearing. At least five days prior to the hearing, the
Town Board shall provide written notice of the time, date and place
of the hearing to the aggrieved owner. The Town Board shall notify
the owner or keeper of the animal, in writing, of its determination.
If the owner or keeper contests the determination, he may, within
30 days, seek review of the decision by the Circuit Court.
A dog will not be deemed dangerous if:
It bites, attacks or menaces anyone assaulting the owner.
It bites, attacks or menaces a trespasser on the property of
the owner.
It bites, attacks or menaces any person or other animal who
or which has tormented or abused it.
It is otherwise acting in defense of an attack from a person
or other animal upon the owner or other person.
It is protecting or defending its young or other animal.
Any live monkey or ape, raccoon, skunk, fox, snake or other
reptile, leopard, panther, tiger, lion, lynx or any other animal or
any bird of prey which can normally be found in the wild state.
Any offspring resulting from the breeding of a wolf and a
dog or from the breeding of a wolf and a wolf-dog hybrid or from the
breeding of a wolf-dog hybrid and a wolf-dog hybrid.
A.Â
No owner shall fail to provide any animal with sufficient, good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering and humane care and
treatment. No person shall beat, cruelly ill-treat, torment or otherwise
abuse any animal or cause or permit any dogfight, cockfight, bullfight
or other combat between animals or between animals and humans.
B.Â
No owner of a domestic or domesticated animal shall abandon such
animal.
C.Â
Every female animal in heat shall be confined in a building or other
secure enclosure in such manner that such female animal cannot come
into contact with another animal, except for planned breeding purposes.
This subsection shall not apply to any female animal which shall have
been spayed or otherwise rendered sterile. A written statement by
a licensed veterinarian shall be considered proof of such condition.
D.Â
Disposition of all animal waste shall be in a manner that is consistent
with maintaining human and animal health. Disposition of animal waste
shall not pollute nor contaminate the groundwater or soil. The owner
is responsible for picking up and disposing properly of any animal
waste deposited anywhere other than the dog owner's property.
E.Â
All animals, except nondomesticated wildlife, shall be kept under
restraint.
F.Â
No wild animals may be kept within Town limits except under such
conditions as shall be set by the Town Board or Animal Control Officer,
provided that wild animals may be kept for exhibition purposes by
circuses, zoos or educational institutions, in accordance with such
regulations as shall be established by Town, county or state law.
The Town Board may place conditions on the keeping of wild animals
as it deems necessary or advisable under the circumstances to protect
the health, safety a and welfare of the Town.
G.Â
Confinement of certain dogs and other animals. The owner shall confine
within a building or secure enclosure every fierce, dangerous or vicious
animal and shall not take such animal out of such building or secure
enclosure unless such animal is securely muzzled and leashed. Every
fierce, dangerous or vicious animal must at all times be securely
confined indoors or confined in a securely and totally enclosed and
locked pen with a top and sides. The floor of the enclosure must be
a concrete slab, and the enclosure must be securely attached to the
slab. The enclosure must be suitable to prevent the entry of young
children.
H.Â
(Reserved)
I.Â
Confinement of wolf-dog hybrids. The owner of all wolf-dog hybrids
in the Town shall confine such dogs within buildings or secure enclosures
and shall not take such dogs out of such buildings or secure enclosures
unless such animal is securely muzzled and leashed. Every wolf-dog
hybrid animal must at all times be securely confined indoors or confined
in a securely and totally enclosed and locked pen with a top and sides.
The floor of the enclosure must be a concrete slab, and the enclosure
must be securely attached to the slab. The enclosure must be suitable
to prevent the entry of young children.
J.Â
Permits for wolf-dog hybrids. A Department of Natural Resources permit
is required for ownership of wolf dogs in the State of Wisconsin.
A copy of this permit shall be filed with the Town Clerk/Treasurer
by any owner of wolf dogs in the Town.
K.Â
The raising and housing of exotic animals is not permitted in the
Town. Llamas, ostriches and emus kept for purposes of husbandry and
sale are not considered to be exotic animals and are instead treated
as livestock and as animal units under all applicable provisions of
Wisconsin Statutes and the Administrative Code.
A.Â
Kennels and other commercial animal operations.
(1)Â
A license shall be required for any commercial kennel, private kennel
or pet shop. This license shall cover all animals kept during the
year and shall be issued by the Town Clerk/Treasurer upon approval
of the application by the Town Board, proof of rabies vaccination
for all dogs and cats on the premises and payment of the fee.
(2)Â
Proof of rabies shots for each dog and cat over five months of age
in the kennel shall be provided to the Town and shall be posted at
the kennel. Kennel operators are not required to license individual
animals. Commercial kennels which board dogs must verify proof of
rabies shots for each dog it boards prior to accepting such animal
into its custody.
(3)Â
A permit shall be required for any person, partnership or corporation
owning, operating or managing any establishment engaged in the business
of promoting or conducting legitimate contests of skill, speed, strength
or endurance between, among or using horses, dogs or any animals.
Such permit shall be issued by the Town Clerk/Treasurer upon approval
of the application by the Town Board and payment of the fee. Factors
the Town Board will consider in deciding whether to issue such permit
include proper zoning, adequate liability and other applicable insurance,
all required state and federal licenses or permits, adequate parking
and any other factors the Board deems necessary to protect the health,
safety and welfare of the Town and its residents.
B.Â
Dogs. It shall be unlawful for any person in the Town of St. Joseph
to own, harbor or keep any dog more than five months of age without
complying with the provisions of Chapter 174 of the Wisconsin Statutes
relating to the listing, licensing and tagging of the same.
(1)Â
No person shall own, keep or harbor any dog within the Town limits
unless such dog is licensed as herein provided. A valid license tag
must be attached to the collar which is kept on the dog whenever the
dog is outdoors unless the dog is securely confined in a fenced area.
(2)Â
Licenses are available from the Town Clerk/Treasurer. Written application
for such license shall be made to the Town Clerk/Treasurer and shall
state the name and address of the owner and the name, breed, color
and sex of the dog and proof of rabies vaccination. The license fee
shall be paid at the time of making application and a numbered receipt
given to the applicant. A numbered metallic tag shall be issued to
the owner upon payment of the license fee.
(3)Â
The yearly license fee shall be according to a schedule of fees set
by the Town Board.
(4)Â
All dog licenses shall be issued for one year beginning with the
first day of January. There shall be no prorating of the license fees
for less than one year.
(5)Â
In the event that the metallic license tag issued for a dog shall
be lost, the owner may obtain a new tag. The fee for such new tag
shall be set by the Town Board.
(6)Â
If there is a change in the ownership of a dog during the license
year, the owner shall notify the Town Clerk/Treasurer to have the
license transferred to the new owner's name.
(7)Â
No person shall use for any dog the license receipt or license tag
issued for another dog.
(8)Â
No license shall be issued for any dog without proof of current rabies
vaccination having been made to the Town Clerk/Treasurer.
(9)Â
In accordance with § 174.055, Wis. Stats., dogs used by
blind, deaf and/or mobility-impaired persons are exempt from the dog
license tax, and such persons shall receive annually a free dog license.
A.Â
It shall be the obligation and responsibility of the owner or custodian
of any animal in the Town, whether permanently or temporarily therein,
to prevent such animal from committing any act which constitutes a
nuisance.
(1)Â
It shall be considered a nuisance for any animal to:
(a)Â
Unreasonably annoy or disturb a person(s) or neighborhood by
frequently and habitually howling, yelping, barking or making other
such noises;
(b)Â
Emit objectionable odors;
(c)Â
Frequent school grounds, parks or public beaches;
(d)Â
Chase vehicles;
(e)Â
Molest or annoy any person if such person is not on the property
of the owner or custodian of such animal;
(f)Â
Molest, defile or destroy any property, excepting that of the
owner or custodian, and whether such property is public or private;
or
(g)Â
Kill or wound domestic animals, livestock, deer or game birds
or the nests or eggs of game birds.
(2)Â
Notwithstanding Subsection A(1)(g) above, normal hunting during hunting season is not prohibited.
(3)Â
Failure on the part of the owner or custodian to prevent his animal
or animals from committing an act of nuisance shall be subject to
the penalty hereinafter provided.
B.Â
Dogs may not run at large and must be restrained. Unrestrained animals
may be taken by any officer, impounded in an animal shelter and there
confined in a humane manner. Impounded animals shall be kept for not
less than seven days unless reclaimed by their owners. If by any means
the owner can be readily identified, the Animal Control Officer or
other representative of the Town shall notify the owner by telephone,
mail or personal contact of such impoundment. Animals not claimed
by their owners within seven days become the property of the Town
and may be humanely destroyed or given for adoption by any person
or agency delegated by the Town Board to exercise such authority.
An animal owner who allows a dog to run at large shall be required
to pay all costs the Town incurs in enforcing this chapter, including
but not limited to costs for animal pickup, kenneling, boarding, impound
fees, or other costs related to dealing with the dog which is in violation
of this chapter.
C.Â
An owner reclaiming an impounded animal shall first pay to the Town
Clerk/Treasurer, or agent, a reclaiming fee, plus the impounding fees.
The first time reclaiming fee will be set by resolution of the Town
Board. For the second or additional offenses per year, the owner shall
pay a fee of twice the first time reclaiming fee plus the impounding
fees. The owner shall be subject to all other penalties for violation
of this chapter.
D.Â
Notwithstanding the provisions of Subsection B, if an animal is found at large and its owner can be readily ascertained and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings shall be taken against the owner for violation of this chapter. Any costs incurred by the Town in this process may be assessed to the owner.
E.Â
Notwithstanding anything contained herein to the contrary, if a critically
injured animal is at large pursuant to this chapter, it may be destroyed
by the Animal Control Officer, but only after reasonable efforts have
been made to contact its owner.
A.Â
All bite incidents occurring in the Town of St. Joseph in which any
animal bites a person or is suspected of biting a person shall be
reported within 24 hours to the Animal Control Officer.
B.Â
Any animal which bites a person shall be quarantined for such time
as may be directed by the Animal Control Officer. For dogs or cats,
this quarantine shall be at least 10 days, per Wisconsin Statutes Chapter
95. During quarantine, the animal shall be securely confined and kept
from contact with any other animal. If required by the Animal Control
Officer, the owner shall surrender the animal for the quarantine period
to an animal shelter or shall, at his own expense, place it in a veterinary
hospital. The owner of the animal is responsible for all expenses
incurred in connection with the quarantine.
C.Â
No officer or other person shall kill or cause to be killed any animal
suspected of being rabid except in an emergency and where it is clearly
necessary to kill such animal(s) to protect the safety of a person,
other animals or property and upon probable cause that such animal
is rabid. If, after the animal has been placed in quarantine, the
diagnosis of rabies is made by a licensed veterinarian, the animal
shall be humanely killed and disposed of in a sanitary manner. Nothing
in this section which is contrary to the Wisconsin Statutes pertaining
to dogs (Chapter 174 or any other section therein) or animal health
(Chapter 95 or any other section therein) shall apply but shall be
void and without effect.
D.Â
When any dog or other dog that has been declared dangerous or vicious
and that has previously bitten or attacked a person bites or attacks
the same or another person in a second incident, that dog must be
surrendered to an Animal Control Officer designated by the Town.
A.Â
The Town Board may from time to time appoint the Animal Control Officer,
who must comply with all state or federal licensing or permit requirements.
Such person shall have police powers, and no person shall interfere
with, hinder or molest him in the exercise of such powers.
B.Â
Knowingly providing false or misleading information, or refusing
to answer questions regarding dogs kept or harbored at a residence
pertaining to number, rabies vaccination status, etc., shall constitute
interference under this chapter.
A.Â
Any person violating any of the provisions of this chapter or knowingly
aiding or abetting another in the violation thereof, in addition to
the penalties hereinbefore prescribed, shall, upon conviction, pay
a forfeiture as set by the Town Board of not less than $50 nor more
than $500 per animal per incident and the costs and attorney fees
in prosecution. If any violation is continuing, each day's violation
shall be deemed a separate violation.
B.Â
Any person violating any of the provisions of this chapter, or knowingly
aiding or abetting another in the violation thereof, for a second
or subsequent time, in addition to the penalties hereinbefore prescribed,
shall, upon conviction, pay a forfeiture as set by the Town Board
of not less than $100 nor more than $1,000 per animal per incident
and the costs and attorney fees in prosecution. If any violation is
continuing, each day's violation shall be deemed a separate violation.
C.Â
Failure to have provided proper rabies vaccination shall result in
forfeiture as set by the Town Board of not less than $100 nor more
than $500 per animal per incident and the costs and attorney fees
in prosecution. If any violation is continuing, each day's violation
shall be deemed a separate violation.
D.Â
The amount of forfeiture and costs shall be as set forth in Chapter 6, Citations, and shall be subject to annual review.
E.Â
Fees. All fees for this chapter shall be set by a separate fee schedule
as determined by the Town Board and passed by resolution.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this chapter.
