[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 7, Ch. 1 and § 6-1-3 of the 1991 Code.
Amendments noted where applicable.]
In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meaning
indicated:
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.
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.
As used herein as describing a dog or cat shall mean 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.
[1]
Editor's Note: Original § 7-1-1(a),
License required, which immediately preceded this section, was repealed
10-4-2006 by Ord. No. 2006-11.
A.
Rabies vaccination. The owner of a dog shall have
the dog vaccinated against rabies by a veterinarian within 30 days
after the dog reaches five months of age and revaccinated within one
year after the initial vaccination. If the owner obtains the dog or
brings the dog into the Town of Cedarburg after the dog has reached
five months of age, the owner shall have the dog vaccinated against
rabies within 30 days after the dog is brought into the Town unless
the dog has been vaccinated as evidenced by a current certificate
of rabies vaccination. The owner of a dog shall have the immunization
revaccinated against rabies by a veterinarian before the date 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.
[Amended 10-4-2006 by Ord. No. 2006-11]
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog 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 Town stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, 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 Town.
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 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 at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog 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.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Town of
Cedarburg to own, harbor or keep any dog 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 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 becomes five
months of age, pay a license tax and obtain a license.
(3)
The minimum license tax under this section shall be
as set by the Town Board. These amounts shall be reduced by 1/2 if
the animal became five months of age after July 1 during the license
year. The license year shall commence January 1 and end December 31.
[Amended 11-5-2003 by Ord. No. 2003-20]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 95-2 of this chapter, the Town Treasurer or his deputy shall complete and issue to the owner a license for such dog containing all information required by state law. The Town Treasurer or his deputy 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.
(5)
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 95-2E.
(6)
The fact that a dog is without a tag attached to the
dog by means of a collar shall be presumptive evidence that the dog
is unlicensed. Any Town police or humane officer shall seize, impound
or restrain any dog for which a dog license is required which is found
without such tag attached. Each day that any dog within the Town of
Cedarburg continues to be unlicensed constitutes a separate offense
for which a separate penalty applies.
(7)
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 Town Treasurer or his deputy upon application
therefor.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead
of the license tax for each dog required by this chapter, apply for
a kennel license for the keeping or operating of the kennel. Such
person shall pay for the license year a license tax as set by the
Town Board. Upon payment of the required kennel license tax and, if
required b the Town Board, upon presentation of evidence that all
dogs over five months of age are currently immunized against rabies,
the Town Treasurer or his deputy shall issue the kennel license and
a number of tags equal to the number of dogs authorized to be kept
in the kennel. Kennel licenses may only be issued for premises that
have first received a conditional use permit for kennel operations
under the Town Zoning Code[1]
(2)
The owner or keeper of a kennel shall keep at all
times a kennel license tag attached to the collar of each dog over
five months old kept by the owner or keeper under a kennel license,
but this requirement does not apply to a show dog during competition,
to a dog securely confined indoors or to a dog securely confined in
a fenced area. These tags may be transferred from one dog to another
within the kennel whenever any dog is removed from the kennel. The
rabies vaccination tag or substitute tag shall remain attached to
the dog for which it is issued at all times, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. All
dogs cared for at a dog day care and/or in-home boarding center must
be licensed by the jurisdiction within which they reside, wear the
license at all times, and have a current rabies vaccination. No dog
bearing a kennel tag shall be permitted to stray or to be taken anywhere
outside the limits of the kennel unless the dog is in leash or temporarily
for the purposes of hunting, breeding, trial, training or competition.
[Amended 1-4-2012 by Ord. No. 2012-2]
The Town Treasurer shall assess and collect
a late fee as set by the Town Board 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 Town 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 Town Clerk shall promptly post in at least three public places
in the Town notices of quarantine.
B.
Exemption of vaccinated dog or cat from Town 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 Town 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
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 may kill a dog or cat only as a last resort if
the owner agrees. 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 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)
Sacrifice 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; 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 Town,
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 Town, 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 Town of Cedarburg to own, harbor or keep any dog or cat
which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Town.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Town.
(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.
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 twelve-month period it bites two or more
persons or inflicts serious injury to one person in unprovoked circumstances
off the owner's premises. Any vicious dog which is found off the premises
of its owner other than as hereinabove provided may be seized by any
person and, upon delivery to the proper authorities, may, upon establishment
to the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his
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.
Animals running at large.
(1)
No person having in his possession or ownership any
animal or fowl shall allow the same to run at large within the Town.
The owner of any animal, whether licensed or unlicensed, shall keep
his animal tied or enclosed in a proper enclosure so as not to allow
said animal to interfere with the passing public or neighbors. Any
animal running at large unlicensed and required by state law or Town
ordinance to be licensed shall be seized and impounded by a humane
or law enforcement officer.
(2)
A dog or cat shall not be considered to be running
at large if it is on a leash and under control of a person physically
able to control it.
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.
E.
Sanitary requirements. All structures, pens, buildings,
stables, coops or yards wherein animals or fowl are kept shall be
maintained in a clean and sanitary condition, free of rodents, vermin
and objectionable odors, and shall be located in a properly zoned
area.
F.
Animals excluded from food-handling establishments.
No person shall take or permit to remain any dog, cat or other live
animal on or upon any premises where food is sold, offered for sale
or processed for consumption by the general public.
A.
Animal control agency.
(1)
The Town of Cedarburg 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 Town of Cedarburg does hereby delegate any such
animal control agency the authority to act pursuant to the provisions
of this section.
B.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any law enforcement
or humane officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this Town,
assaults or attacks any person, is at large within the Town, 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 chapter
or have in his possession a signed statement of a complaining witness
made under oath alleging the facts regarding the violation and containing
an agreement to reimburse the Town for any damages it sustains for
improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After
seizure of an animal under this section by a law enforcement or humane
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States Mail, if such owner
is known to the officer or can be ascertained with reasonable effort,
but if such owner is unknown or unascertainable, the officer shall
post written notice in three public places in the Town, giving a description
of the animal and stating where it is impounded and the conditions
for its release, after the officer has taken such animal into his
possession. If within seven days after such notice the owner does
not claim such animal, the officer may dispose of the animal in a
proper and humane manner; provided that if an animal before being
impounded has bitten a person, the animal shall be retained in the
animal shelter for 14 days for observation purposes. Within such time,
the owner may reclaim the animal upon payment of impoundment fees,
such fees to be established by resolution of the Town Board. No animal
shall be released from the pound without being properly licensed if
so required by state law or Town ordinance.
D.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the animal warden may sell the animal
to any willing buyer.
E.
Town not liable for impounding animals. The Town 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.
No dog or cat shall be permitted in any public
cemetery. Every dog specially trained to lead blind or hearing-impaired
persons shall be exempt from 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 Town Constable and shall keep
such dog or cat confined for not less than 14 days or for such period
of time as the Town Constable shall direct. 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.
The owner or person in charge of any dog 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.
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, flower bed, 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 an 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
dog or cat is considered to be in violation of this section when two
formal, written complaints are filed with the Town within a four-week
period.
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 Town
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), or alligator,
caiman or crocodile of the order of crocodilia, 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,
arm or corporation shall import or cause to be imported into this
Town 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 by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or to 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 possession
or under his control within the Town 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 Town any of the following animals,
reptiles or insects, except in those situations where a state game
farm license has been issued:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); ans 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, six feet in length or more.
(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)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Piranha fish (Characidae).
(22)
Pumas (Fells 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 (Cams lupus).
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; public or private educational institutions; licensed pet shops; or zoological gardens, if:
[Amended 5-1-2013 by Ord. No. 2013-5]
(1)
Their location conforms to the provisions of the Zoning
Code of the Town.
(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.
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 fewer 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 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 173.10, Investigation of cruelty complaints,
and § 173.24, Reimbursement of expenses, 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 Town or any animal
control agency with which the Town 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 police
officer or health or humane officer in the pursuit of his duties shall,
within the Town, shoot or kill or commit an act of cruelty to any
animal or bird or disturb any birds' nests or birds' eggs.
B.
Leading animal from motor vehicle. No person shall
lead any animal upon a Town 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.
All traps set, placed or tended shall comply with
Ch. 29, Wis. Stats., as they relate to trapping.
B.
This section shall not apply to trapping within the
confines of buildings or homes.
C.
Nothing in this section shall prohibit or hinder the
Town of Cedarburg or its employees or agents from performing their
official duties.
No person may take the dog or cat of another
from one place to another without the owner's consent or cause such
a dog or cat to be confined or carried out of the Town or held for
any purpose without the owner's consent. This section does not apply
to law enforcement officers or humane society agents engaged in the
exercise of their official duties, or as otherwise permitted herein.
The operator of any vehicle involved in an accident
resulting in injury to or death of a dog, cat or other animal which
appears to be a pet shall immediately notify the Town Constable or
an animal control agency whose jurisdiction extends into the Town.
A.
Purpose. The keeping of a large number of dogs within
the Town 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 is, therefore, declared
a public nuisance.
B.
AGRICULTURAL ZONING
FAMILY
LOT ZONED AS E-1
RESIDENTIAL LOT
Definitions. As used in this section, the following
terms shall have the meaning indicated:[1]
Any property zoned as such under the Zoning Code of the Town
of Cedarburg.[2]
One or more persons.
A parcel of land zoned as such in accordance with the Zoning
Code of the Town of Cedarburg.
A parcel of land zoned as residential, whether R-1, R-2 or
R-3, occupied or to be occupied by a dwelling, platted or unplatted,
and under common ownership.
C.
For the purpose of this section, any vacant parcel
or parcels adjoining a dwelling and under the same ownership shall
constitute one lot.
D.
Number limited.
(1)
No family shall own, harbor or keep in its possession
more than three dogs on any residential lot or on any lot zoned as
E-1, except that a litter of pups or a portion of a litter may be
kept for not more than five months from birth. If more than one family
resides on a residential lot, then only a total of three dogs shall
be allowed on the residential lot.[3]
(2)
No person or family shall own or keep in his, her
or its possession more than five dogs on any agriculturally zoned
property, except that a litter of pups or a portion of a litter may
be kept for no more than five months from birth.
(3)
The number of dogs licensed on any particular parcel
of property as of the date of passage, January 6, 1988, may continue
to be kept on the property by the owners or tenants even if greater
than as herein specified. The preexisting number of licensed dogs
shall not, however, be applicable to any future owner or tenant of
the specified parcel of property.
(4)
The requirements specified in this section shall not
be applicable to any situation where a kennel license has been issued
by the Town of Cedarburg.
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 limits of the Town, except in an
agriculturally zoned area, and unless the bees are kept in accordance
with the following provisions:
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.
C.
Bees may also be kept on residentially zoned properties as a permitted
accessory use, subject to any private restrictions, land covenants,
homeowners' association and/or subdivision rules and regulations,
under the following conditions:
[Added 7-10-2013 by Ord. No. 2013-8]
(1)
License
required.
(a)
The keeping of bees on residentially zoned properties is allowed
as provided under the requirements of this section. No person shall
keep bees without obtaining a license or in a manner contrary to the
regulations under this section.
(b)
Licenses issued under this section shall authorize beekeeping only
by or under the direct supervision of the individual to whom the license
is issued. Licenses shall further authorize beekeeping only on the
property for which the license is issued.
(2)
Application.
Applications for a license to keep bees shall be made to, and on a
form prescribed by, the Town Clerk. The application must include a
proposed site plan for the hives that shows compliance with all applicable
requirements under this section. The application shall include a sworn
statement that the applicant has notified all owners and occupants
of properties located within 500 feet of the subject property at least
10 days immediately preceding the application advising that the applicant
intends to apply for a license to keep bees in accordance with this
section. A fee shall be charged for the license per the Town Fee Schedule.
(3)
Rules.
No bees shall be kept except in accordance with the following conditions:
(a)
No bees shall be intentionally kept and maintained other than honey
bees.
(b)
No hive shall exceed 20 cubic feet in volume.
(c)
No more than 10 hives may be kept on a single parcel or single group
of adjacent parcels in common ownership functioning as a single parcel
in common use.
(d)
No hive shall be located closer than 25 feet from any property line
of a property in different ownership, nor shall they be located in
the front or street yard.
(e)
An ever-present supply of water shall be provided for all hives.
(4)
Revocation.
A license may be revoked by the Town if the licensee violates any
provision of this section, or any other applicable Town ordinance
related to the bees. A new license cannot be issued to the licensee
or the licensee’s property until one year after the date of
revocation.
[Added 9-6-2017 by Ord. No. 2017-5[1]]
A.
In any nonagricultural zoned district, no person shall keep, harbor
or have in his possession or under his control any chickens, or have
any chicken coop or yard within the Town, without first complying
with this section. The keeping of hen chickens is permitted as an
accessory use in all residential zoning districts in accordance with
the regulations prescribed in this section, subject to any private
restrictions, land covenants, homeowners' association and/or
subdivision rules and regulations. The provisions of this section
do not apply to E-1 Estate District, which allows for noncommercial
agriculture use.
(1)
There must be an insulated coop enclosed on all sides with a roof
and doors and a connected fenced-in run area that is fully enclosed
to contain the chickens and protect them from predators and the elements.
Free-range chickens are prohibited. Run fences can be no taller than
six feet in height.
(2)
No part of the coop structure or fenced-in run shall be located in
the front yard, nor shall it be located closer than 40 feet to the
side or rear property lines. No part of the coop structure or fenced-in
run shall be located closer than 25 feet to the residence or attached
garage. An inspection is required for the coop and run as part of
the license procedure and will occur after all related improvements
are made to ensure they are properly located and installed for the
number of proposed chickens.
(3)
The coop must be kept clean, dry and in a sanitary condition at all
times.
(4)
The maximum number of hens per premises is six. Adjoining lots having
common ownership shall be considered as one premises.
(5)
No person shall keep, possess, allow, or harbor any rooster.
(6)
In addition to compliance with the requirements of this section,
no one shall keep, allow, or harbor a chicken that causes any nuisance,
unhealthy condition, creates a public health threat, or otherwise
interferes with the normal use of property and the enjoyment of life
by humans.
(7)
Chickens are for personal (noncommercial) use only and not for any
business-related purposes. The selling of eggs, chickens or by-products
is prohibited.
(8)
Property owners shall be required to obtain a license with fee per
the Town Fee Schedule to be paid before chickens are kept on the property.
The license shall be renewed annually (license period January 1 to
December 31). Applications for a license to keep chickens under this
section shall be made to, and on a form prescribed by, the Town Clerk.
The license application must include a proposed site plan for the
coop and run area that shows compliance with all applicable requirements
under this section.
(9)
The Town shall have the authority, whenever it may deem reasonably
necessary, to enter a structure or property where a chicken is kept
to ascertain whether the permittee is in compliance with this section.
The permittee shall be responsible for all costs associated with inspections.
(10)
A license may be revoked by the Town if the licensee violates
any provision of this section. A new license cannot be issued to the
licensee or the licensee's property until one year after the
date of revocation.
A.
Any person violating § 95-15, 95-16, 95-17, 95-18, 95-19, 95-20, 95-21, 95-22 or 95-23 shall be subject to a forfeiture of not less than $50 and not more than $200. This subsection shall also permit the Town Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
C.
An owner who refuses to comply with an order issued under § 95-5 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 shall 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 shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
[Amended 10-4-2006 by Ord. No. 2006-11]