[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 29-94. Amendments noted where applicable.]
[Amended by Ord. No. 9-99; 5-1-2000 by Ord. No. 9-00; 11-18-2013 by Ord.
No. 9-13; 7-6-2015 by Ord. No. 5-15]
As used in this chapter, the following terms shall have the
meanings indicated:
A member of Amphibia, a class of vertebrates intermediate
between fish and reptiles, such as frogs, toads and salamanders.
Includes, but shall not be limited to, dogs, cats, horses,
reptiles, poultry, birds or other fowl, whether wild or domesticated.
The person or persons contracted by the City as its enforcement
officer or officers, under the direction of the Chief of Police. The
Animal Control Officer shall be under the general supervision of the
Public Safety Committee.
Any premises designated by the City for the purpose of impounding
and caring for all animals found running at large in violation of
this chapter.
Any animal not native to Wisconsin or generally recognized
as a nondomesticated animal.
An animal shall have been exposed to rabies within the meaning
of this chapter if it has been bitten by or been exposed to any animal
known to be infected with rabies.
Any horse, bovine, sheep, goat, pig, or domestic fowl, including game fowl raised in captivity, except as provided in § 99-21 regarding the keeping and licensing of chickens and § 99-22 regarding the temporary keeping of goats for invasive species and other weed control purposes.
[Amended 8-21-2017 by Ord. No. 14-17]
Any person, group of persons or corporation, organization
or other legal entity owning, keeping or harboring an animal or animals.
The occupant of any premises on which an animal remains or to which
it customarily returns frequently for 10 days is presumed to be harboring
or keeping the animal within the meaning of this chapter.
Any person, group of persons, partnership, corporation, LLC
or other legal entity engaged in the business of breeding, buying,
selling or boarding animals of any species, except for agriculture.
Any animal with a propensity, tendency, and/or disposition to
attempt to attack, cause injury, cause damage or destruction of public
or private property, or otherwise endanger the safety of human beings
or other domestic animals. Such a propensity, tendency, or disposition
may be evidenced by habitual or repeated chasing, scratching, snapping,
or barking, snarling or growling in a manner that is reasonably perceived
as threatening.
Any animal that attacks, bites, attempts to attack or bite,
or has attacked or bitten another domestic animal.
An animal shall not be considered potentially dangerous if the
dog was provoked as follows:
The animal bites, attacks or threatens anyone assaulting the
owner.
The animal bites, attacks or threatens a trespasser on the property
of the owner.
The animal bites attacks or threatens any human being or other
animal who has attacked, tormented or abused it.
The animal is otherwise acting in defense of an attack from
a human being or other animal upon the owner or other person.
The animal is protecting or defending its young.
The definition of "potentially dangerous animal" shall not include
a working police canine while the working police canine is on duty.
[Added 9-8-2015 by Ord.
No. 9-15]
Any animal that has inflicted substantial bodily harm upon,
or caused or contributed to the death of any human being on public
or private property, except under circumstances described in "potentially
dangerous animal" definition, Subsection C(1) through (5) above.
Any animal that has killed a domestic animal or has a documented
history of attacking domestic animal(s) while off the owner's property,
except under circumstances described in "potentially dangerous animal"
definition, Subsection C(1) through (5) above.
Any dog that is, or has been subject to being destroyed under
W.S.A. s. 174.02(3), regardless of whether such petition or action
resulted in an order requiring destruction of the dog.
Any rabid animal.
Any wild animal hybrid.
Any dog trained, owned, sold, purchased or transferred for the
purpose of dog fighting or similar activity.
The definition of a "prohibited dangerous animal" shall not
include a working police canine while the working police canine is
on duty.
[Added 9-8-2015 by Ord.
No. 9-15]
A member of Reptilia, a class of cold-blooded vertebrates,
including snakes, lizards, crocodiles and turtles, etc.
An animal is under restraint within the meaning of this chapter
if it is on a leash, cord, chain, or similar physical restraint held
by a competent person and obedient to that person's command or within
a vehicle being driven or parked on the streets or on the property
of its owner or keeper.
An animal shall be deemed to be at large when it is off the
property of its owner/custodian and not under restraint as defined
in this chapter.
A fence, structure, or pen of sufficient height and depth
into the ground to prevent an animal from escaping from the enclosure
and securely locked to prevent the entry of any children into the
enclosure. An electric fence shall not be a secure enclosure under
this chapter.
Substantial bodily harm means bodily injury that causes a
laceration that requires stitches, staples, or a tissue adhesive;
any fracture of a bone; a broken nose; a burn; a petechia; a puncture
of skin; a temporary loss of consciousness, sight or hearing; a concussion;
or a loss or fracture of a tooth.
A mammal, poisonous or large reptile over 18 inches in length
or bird which, in its uncaptured wild state, has the physical capacity
to be dangerous to the safety and welfare of any person or property.
Examples of such wild animals and reptiles include, but are not limited
to, ferrets, bears, wolves, coyotes, cougars, bison, tigers, monkeys,
apes, poisonous snakes, large reptiles over 18 inches in length and
raptors, excluding dogs, cats, birds and other traditional house pets.
Reducing such mammals, reptiles and birds to captivity, whether trained,
raised or bred in captivity or otherwise considered domesticated in
any manner, shall not remove such wild animals and reptiles from these
requirements and regulations.
A dog trained to aid the police, as in tracking criminals
or detecting controlled substances, or other ways of aiding police
in law enforcement matters. A police canine is working when the police
canine is on duty with the police officer(s) aiding in the performance
of law enforcement matters.
[Added 9-8-2015 by Ord.
No. 9-15]
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
The provision of this chapter shall be enforced by the Animal Control
Officer and/or by officers of the Hudson Police Department. The Animal
Control Officer shall apprehend and confine animals as provided for
herein and is authorized to issue citations in the Hudson Municipal
Court for violation of this chapter.
B.
The Animal Control Officer, upon receipt of information indicating
probable cause of a violation, may, in his or her discretion, issue
a warning ticket and/or corrective notice, provided that such warning
action is not contrary to the health and safety of Hudson residents
or any animals.
[Amended 7-6-2015 by Ord.
No. 5-15]
Chapter 174, Dogs, of the Wisconsin Statutes, exclusive of any
provisions therein relating to penalties to be imposed or the punishment
for violation of such statutes, is hereby adopted and by reference
made a part of this chapter as if fully set forth herein. Any act
required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this chapter. Any
further amendments, revisions or modifications of the statutes incorporated
by reference are intended to be made a part of this chapter.
[Amended 7-6-2015 by Ord.
No. 5-15; 10-18-2021 by Ord. No. 20-21]
A.
No person shall own, keep, or harbor any dog within the City of Hudson
unless such dog is licensed as herein provided. Written application
for a license shall be made to the City Clerk and shall state the
name and address of the owner and the name, breed, color, and sex
of the dog. No license shall be issued without proof of current rabies
vaccination. The license fee(s) shall be paid when making application,
and a numbered receipt shall be given to the applicant. The Common
Council shall set the fees.
C.
All dog licenses shall be issued for one year beginning January 1.
The full license fee shall be paid for any dog more than five months
of age on or before July 1 of the license year. Owners of dogs becoming
five months of age or entering the City of Hudson after July 1 shall
pay 1/2 the applicable license fee.
D.
A late fee shall be collected if the owner fails to obtain a license
prior to April 1 of each year or within 30 days of acquiring ownership
of a licensable dog on or before the date the dog reaches a licensable
age.
E.
Delinquent dog license fee shall be collected in the manner specified
in § 74.11, Wis. Stats., for collection of personal property
taxes. The Animal Control Officer and any police officer of the City
may issue a citation and bring action in Municipal Court for failure
to license as required by this chapter.
F.
Issuance of license. Upon receipt of the required fee and exhibition
of the certificate of vaccination required, the City Clerk shall issue
to such person a license to keep such dog. Such person shall, upon
procuring the metallic license, attach the tag to a collar which is
worn by the dog.
G.
If the metallic license tag issued for a dog is lost, the owner may
obtain a new tag upon the payment of a replacement fee.
H.
If there is a change in ownership of a dog during the license year,
the new owner may have the license transferred to his name upon the
payment of an animal transfer fee.
I.
No person shall use any animal license, receipt or license tag issued
for another animal.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
Running at large. No cat, dog or other domesticated animal shall
be permitted to run at large within the City of Hudson. An animal
is considered to be running at large if it is not on the premises
of its owner and is not restrained or under restraint as defined in
this chapter.
B.
No dog shall be permitted in a public cemetery, playground, schoolyard,
public pool or other posted areas, except when confined within a vehicle
or on a leash or except with the written permission of the person
in charge.
C.
The owner of an animal shall promptly remove and dispose in a sanitary
manner any excreta deposited by such animal upon any public or private
property. Seeing-eye dogs used by blind persons or dogs used in police
activities are exempted when used by or with the permission of the
City.
[Amended by Ord. No. 9-99; 4-17-2006 by Ord. No. 7-06; 2-5-2007 by Ord. No.
1-07; 4-19-2010 by Ord. No. 5-10; 7-6-2015 by Ord. No. 5-15]
There shall be no feeding of ducks, geese, gulls or any other
wild, nondomesticated animals within the City limits. This section
shall not prohibit the feeding of trumpeter swans or the feeding of
birds or squirrels, using common household bird feeders or squirrel
feeders, or the feeding of deer with written approval by the Common
Council as part of a deer control program.
[Amended by Ord. No. 9-99; 7-6-2015 by Ord. No. 5-15]
The City will follow the Wisconsin statutes on kennels.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
No
person shall own, harbor or keep any animal under the following circumstances:
(1)
Any animal which habitually pursues any vehicle upon any public street,
alley or highway.
(2)
Any animal which assaults or attacks any person or has a history
of attacking a domestic animal(s) when that person or domestic animal
is off the property of the owner or the custodian of such animal.
(4)
Any animal which runs at large.
(5)
Any unlicensed animal that is required to be licensed.
(6)
Any animal which damages, defiles or destroys any property, excepting
that of the owner or custodian.
B.
No
person shall own, harbor or keep more than three dogs over the age
of five months or four cats over the age of five months in a single
household.
C.
No
person shall own, harbor or keep any livestock within the City limits.
D.
No
person shall keep or harbor any prohibited dangerous animal, whether
such animal is licensed or unlicensed.
E.
Any
dog or other animal impounded by the Animal Control Officer or Police
Department for violation of this chapter may, upon establishment to
the satisfaction of the court of the vicious character of said animal
by testimony under oath, be euthanized at the direction of the Animal
Control Officer.
[Amended by Ord. No. 9-99; 7-6-2015 by Ord. No. 5-15]
A.
No
wild animals or reptiles may be kept within the City, except under
such conditions as may be fixed by the Common Council, provided that
wild animals or reptiles may be kept for exhibition purposes by circuses,
zoos or educational institutions in accordance with regulations approved
by the Common Council.
B.
Every
potentially dangerous animal shall be confined within a building or
secure enclosure, and the owner/custodian shall not take such animal
out of such building or secure enclosure unless securely muzzled and
leashed.
C.
Every
female dog or cat in season shall be kept in a building or secure
enclosure so that such female dog or cat cannot come into contact
with other animals, except for controlled breeding purposes.
D.
Cage
confinement of dogs and animals is restrictive and stressful and shall
only be used for temporary confinement. Dogs and cats should not be
caged except upon veterinary advice, transport or other professionally
accepted practices. Dogs kept in cages for these reasons shall be
removed and exercised for a minimum of two hours once a day or one-half
hour in the forenoon and one-half hour in the afternoon of each day.
E.
Dog cages shall be kept free of urine and fecal material.
F.
Cats confined in cages must be provided with litter pans and litter
material and a sleep area on a shelf away from the litter pan. Litter
pans shall be cleaned and changed regularly to prevent odor and accumulation
of urine and fecal material.
[Added 7-6-2015 by Ord.
No. 5-15[1]]
A.
It shall be the duty of every owner/custodian of any animal or anyone
having any animal in their possession or custody to:
(1)
Exercise reasonable care and to take all necessary steps and precautions
to protect other people, property and animals from injuries or damage
which might result from their animal's behavior, regardless of whether
such behavior is motivated by mischievousness, playfulness, ferocity,
or viciousness.
(2)
Ensure that the animal is kept under restraint and that reasonable
care and precautions are taken to prevent the animal from leaving,
while unattended, the real property limits of its owner, possessor
or custodian.
(3)
Keep the animal under restraint and control at all times while the
animal is off the real property limits of the owner, possessor or
custodian.
(4)
Determine whether the animal is a potentially dangerous animal or
prohibited dangerous animal as defined in this chapter and to comply
with all requirements of this chapter and take any other actions which
may be necessary to protect against damage or harm to persons or other
domestic animals.
B.
Precautions to be taken by owners/custodians of potentially dangerous
animals.
(1)
Each owner/custodian shall confine within a building or secure enclosure
any potentially dangerous animal and shall not take such animal out
of the secure enclosure unless the animal is securely muzzled and
restrained.
(2)
No potentially dangerous animal shall be left unattended by chaining,
tethering or otherwise tying to any inanimate object such as a tree,
post or building, outside of its secure enclosure.
(3)
Except when being transported in and securely confined within a vehicle,
no potentially dangerous animal shall be permitted off the property
of its owner/custodian except when it is attended by its owner or
designated custodian and is restrained by a secure collar, leash,
cord, chain or similar physical restraint of sufficient strength to
prevent escape and the animal must be muzzled by a means sufficient
to prevent biting other persons or domestic animals.
C.
Verified complaints regarding potentially dangerous animals, prohibited
dangerous animals, or habitually barking or howling animal.
(1)
Whenever any person shall complain to the Police Department that
a potentially dangerous animal, a prohibited dangerous animal or a
habitually barking or howling animal is being kept by a person in
the City, the Police Department shall notify the owner/custodian of
said animal that a complaint has been received and that the person
should take all actions necessary to stop the habitual barking or
howling, with respect to a potentially dangerous animal or prohibited
dangerous animal, and shall comply with the requirements of this chapter.
(2)
If after receiving the notice described in Subsection C(1), the person does not comply with the requirements of this chapter regarding the behavior or keeping of their animal(s), then a verified complaint of at least two residents of separate households may be presented to the Police Department, alleging that a potentially dangerous animal, prohibited dangerous animal or a habitually howling or barking animal is being kept by the person in violation of this chapter. The Police Department shall inform the owner/custodian of such animal that the verified complaint has been received and shall cite the owner of the animal for the violation alleged in the verified complaint.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
Cages for small mammals and rodents, such as guinea pigs, rabbits
and hamsters, shall be of sufficient size to permit foraging activities
and contain a place to burrow or nest and space necessary for the
animal to exercise.
B.
Water shall be available at all times to animals kenneled or confined
in terrariums or habitats. Water shall be fresh daily, clean and in
a rust- and algae-free container.
C.
Cages for birds shall be large enough for the bird or birds to exercise
and move about easily and have sufficient and properly sized horizontal
perch space.
D.
Cages for mammals, reptiles or birds shall be usable, maintained
in a safe and healthful manner and be free of standing water, accumulated
waste or debris.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
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.
B.
Pen 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. The following minimum space, excluding
shelter space, shall be provided for dogs in pens (not cages):
|
Minimum Space in Square Feet
| ||||
|---|---|---|---|---|
|
Number of Dogs
|
Small
(to 25 pounds)
|
Medium
(25-50 pounds)
|
Large
(over 50 pounds)
| |
|
1
|
21
|
60
|
80
| |
|
2
|
32
|
80
|
96
| |
|
3
|
45
|
96
|
140
| |
C.
Dogs and cats kept outdoors shall be provided with access to shelter
to allow them to remain dry during rain or snow.
D.
Doghouses. Every person in charge or control of any dog which is
kept outdoors or in an unheated enclosure shall provide such dog,
as a minimum, with shelter and bedding as described in the following
subsections:
(1)
Such shelter shall include an insulated, moisture proof and windproof
structure of suitable size to accommodate the dog's postural adjustments
yet small enough to allow retention of body heat and shall be made
of durable material, constructed with a solid floor raised at least
two inches from the ground and situated with the entrance facing away
from prevailing winds during the appropriate season.
(2)
Structural strength. The housing facility shall be structurally sound
and maintained in good repair to protect animals from injury.
(3)
During the winter season, the following shall apply: the entryway
shall be protected by a self-closing door, an offset outer door or
a flexible flap made of windproof material. The shelter shall be shaded
during the hot months. Bedding, such as cedar shavings, straw or other
nonabsorbent material, shall be provided in sufficient quantity for
insulation against cold and damp. Bedding shall be kept dry.
(4)
If dog houses with chains are used as primary enclosures for dogs
kept outdoors, the chains used shall be so placed or attached that
they cannot become entangled with the chains of other dogs or objects
which will prevent the animals from entering the shelter.
(5)
If dogs are tethered, the chain, rope or appliance shall be equipped
with a swivel to prevent tangling.
(6)
Free access to porches, garages or port-a-doors with special areas
within shall be considered satisfactory shelter.
(7)
Proper drink shall mean clean, rust-free and algae-free drinkable
water available at all times.
(8)
All water receptacles shall be kept clean and sanitary, be of appropriate
design and size for the animal and be positioned or affixed to prevent
spills.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
Ambient temperatures. The ambient temperature shall be compatible
with the health of the animal.
B.
Mechanical means to provide fresh air and prevent moisture condensation
shall be provided.
C.
Heat and light. Natural or artificial lighting and heat shall be
supplied to provide for the health of the animal at all times.
D.
Lighting of primary enclosures shall be designed to protect animals
from excessive illumination. The duration of illumination shall be
appropriate for the species involved.
E.
Holding areas shall be constructed to allow a free flow of fresh
air.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
The provisions of W.S.A. s. 95.21, Rabies control program, exclusive
of any penalty provided for therein, are hereby adopted by reference
as if set forth in full herein.
B.
Any unwanted or stray dog or cat, wild animal or rabies-vaccinated
dog or cat which, in the opinion of a physician, requires immediate
diagnosis and which has bitten any person shall be euthanized immediately
and the head submitted to a qualified laboratory for fluorescent examination
for rabies.
C.
Any licensed dog or cat which has bitten any person and which shows
evidence of rabies inoculation shall not be impounded but shall be
confined at such place as designated by the City police or Animal
Control Officer for a period of 10 days under the observation of a
licensed veterinarian. If the animal exhibits symptoms of illness,
the dog or cat shall be impounded under the observation of a licensed
veterinarian. In either case, the veterinarian shall, at the end of
such period, make a report of the findings to the Department of Health.
For purposes of this chapter, display of a license tag shall be suitable
evidence of rabies inoculation in determining whether or not impoundment
is suitable.
D.
If any dog or cat is reasonably suspected to be rabid it shall be
destroyed, and no person shall interfere with the City of Hudson authorities
or agents in carrying out their duties. All expenses incurred shall
be paid by the owner or person responsible for such dog, cat or other
animal.
[Amended 7-6-2015 by Ord.
No. 5-15]
Fees are established by the Common Council and are subject to
annual review.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
Except as provided in Subsection B, no person shall, within the City, set any trap for the catching of or trapping of any animal.
B.
In order to abate public or private nuisances or as otherwise declared
necessary to protect the health or safety of City residents, the Animal
Control Officer, for a period not to exceed 60 days, shall use live
traps to bring such problems under control. In the event of immediate
danger to the health or safety of City residents, the Chief of Police,
the Mayor or the Animal Control Officer may grant permission to specific
individuals to set live traps for a reasonable period of time to capture
and remove specific animals.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
Any person owning, keeping or harboring any animal shall be responsible
for keeping his property clean of fecal matter to keep pests and obnoxious
odors under control.
B.
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 groundwater or soil.
C.
Acceptable disposition of animal waste is flushing down an indoor
toilet or depositing in the trash to be incinerated. Use of a landfill
is not an acceptable disposition of animal waste.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
A police officer or the Animal Control Officer shall attempt to capture
and restrain any dog or cat running at large and any untagged dog
or cat. A dog is considered to be untagged if a valid license tag
is not attached to a collar which is kept on the dog whenever the
dog is outdoors, unless such dog is securely confined in a fenced
area.
B.
Impoundment shall be at the animal shelter designated by the City
of Hudson. The animal shall be confined in a humane manner. The Animal
Control Officer shall attempt to ascertain the ownership, notify the
owner/custodian of any impounded animal or post impound notices at
City Hall.
C.
If the owner/custodian of an animal seized is readily located, the
Animal Control Officer may return the animal directly to the owner/custodian
without impounding, if it appears that the owner's/custodian's failure
to license the animal or keep it under control was inadvertent and
if the owner/custodian has not been previously warned or issued a
citation for any violations of this chapter.
D.
Disposition of unclaimed animals. The animal shelter shall keep all
animals apprehended for seven days (unless claimed sooner by the owner
or custodian). If any animal is not reclaimed by the rightful owner/custodian
within such time, the animal may be sold to private individuals as
a pet or shall be destroyed in a proper and humane manner. Unclaimed
animals shall not be sold for research purposes or for blood sport
training.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
The owner or custodian is responsible for paying all costs of impoundment.
The owner or custodian of any dog, cat or other animal so confined
may reclaim such animal at any time before the same is disposed of
upon payment of all costs and charges incurred in apprehending, keeping
and caring for such animal. Such costs and charges may include expenses
for inoculation or other medical treatment of the animal. The owner's
or custodian's payment of cost and charges incurred in apprehending,
keeping and caring for the animal shall be paid directly to the shelter
appointed by the City of Hudson. The municipal fee will be paid to
the City of Hudson once a month by the animal shelter.
B.
Release of animal to owner/custodian or representative. The Animal
Control Officer, police officer or animal shelter shall release the
dog to its owner/custodian, or a representative of the owner, if such
person gives his or her name and address, presents evidence that the
dog is licensed and presents evidence that the dog is vaccinated against
rabies or presents a receipt from a licensed veterinarian for prepayment
of rabies inoculation. In addition, the owner or custodian shall pay
all impoundment fees and boarding and other fees incurred.
C.
Release of animal to a person other than the owner/custodian. The
Animal Control Officer, police officer or animal shelter may release
the animal to a person other than the owner if the owner is unknown
or does not claim the animal within seven days after the animal is
delivered to the shelter. The person to whom it is released shall
give his or her name and address, sign a statement agreeing to license
the animal and have it vaccinated against rabies, unless evidence
is presented that the animal is licensed and vaccinated, and pay the
boarding and any impoundment fee for the animal.
D.
The animal shelter shall keep accurate records of the name and address
of the person to whom any animal is given custody, and this record
shall be a public record in accordance with W.S.A. s. 174.046.
E.
The animal shelter shall establish the boarding fee for each day
or fraction thereof; however, the boarding fee shall not exceed the
actual average daily costs for boarding and caring for the animal.
[Amended 7-6-2015 by Ord.
No. 5-15]
A.
No person shall abandon any animal, whether mammal, reptile, amphibian
or bird.
B.
Any law enforcement officer may remove, shelter and care for any
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.
C.
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, the animal may be treated
as a stray and dealt with as such.
D.
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.
[Amended 7-6-2015 by Ord.
No. 5-15]
This chapter, except for provisions relating to the humane treatment
of animals and sanitation conditions, shall not apply to any facility
conducting the racing of dogs as a pari-mutuel racetrack licensed
by the State of Wisconsin.
A.
Purpose. The purpose of this section is to establish conditions under
which City residents on certain residential and public properties
may safely keep and maintain a limited number of chickens to provide
eggs for household use; to assure appropriate chicken coops or structures
in which to house chickens; and to protect the health, safety, and
welfare of the general population of the City of Hudson.
B.
ABUTTING PROPERTY
CHICKEN
COOP
EDUCATIONAL PURPOSE/ORGANIZATION
ONE-FAMILY DWELLING
PUBLIC
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All lots that the applicant's property comes into contact
with at one or more points, including those lots that are separated
from the applicant's property by a public or private street or
public alley.
A female gallinaceous bird or hen of any age, including chicks.
This definition does not include other kinds of fowl, including guinea
hens, ducks, quail, pheasants, geese, turkeys, peacocks, emus, or
ostriches.
An enclosed structure, building or pen within which chickens
roost or are housed.
Purposes directly related to learning, training, research,
or development fulfilled by a qualified educational institution, faculty,
or other authorized educational licenses and does not include commercial,
professional or any other for-profit purposes.
A building designed exclusively for occupancy by one family living independently as defined in Hudson City Code § 255-4.
Those areas that are zoned PUB-Public in the City of Hudson
Zoning map.
C.
License required.
(1)
No person or educational organization shall own, harbor, keep or
maintain chickens within the City without first obtaining a license
approved by the Common Council.
(2)
The license year shall commence on January 1 and shall end on December
31 and must be renewed annually if chickens continue to be kept on
the property.
(3)
Applications shall be made to the City Clerk's office.
(4)
Applicants shall provide the following information on the license
application:
(a)
A plan to dispose of chicken manure in a safe and adequate manner.
(b)
Coop design and materials plan that is consistent with the requirements
of this section.
(c)
A site plan showing compliance with the requirements of this
section.
(d)
The names and signatures of all those neighboring property owners
within a 100-foot radius of the property who have been notified by
the applicant of the chicken license application.
(5)
No license shall be issued until the City reviews the application
and inspects the property and determines that the applicant has complied
with the requirements of this section.
(6)
The applicant shall be the property owner or tenant with written
consent of the property owner.
(7)
Written permission from a homeowners' association, if applicable,
or a statement by the applicant that keeping chickens on the property
is consistent with any homeowners' association bylaws or rules.
(8)
The license shall not be transferable.
(9)
No license shall be issued if the applicant is delinquent in the
paying of any taxes, assessments, forfeitures, or fines for violations
of City ordinances, utility bills, or other claims owed to the City.
D.
Fees.
(1)
Application and license fees shall be in the amount established by
City fee schedules. For the first year, the permit fee shall be $50.
The renewal fee shall be $20. The fees may be changed by the Common
Council and shall be incorporated into the City fee schedule.
(2)
License fees shall not be prorated or refundable.
E.
Property requirements and coop/run design.
(1)
Property requirements:
(a)
Chickens regulated by this chapter shall only be permitted either
on Public zoned property to be used for educational purposes, or on
property upon which a one-family dwelling is located and occupied,
is in any residential zoning district, and is consistent with any
covenant and/or homeowners' association bylaws or rules, if applicable.
(b)
Chickens shall not be harbored, kept or maintained on a vacant
lot.
(c)
All coops shall be located in a rear yard.
(d)
A coop and any attached enclosure shall be located a minimum
of 25 feet from adjacent residential structures, decks or patios on
an abutting property and a minimum of 10 feet from the licensee's
property line.
(2)
Coop/run design.
(a)
All chickens shall be kept and maintained within a cross- ventilated
and roofed coop in compliance with this section.
(b)
The coop structural floor area shall not exceed 50 square feet,
and the height of the coop shall not exceed eight feet, as measured
vertically from the ground to the outside highest point of the coop.
(d)
All coops, including an attached yard or run, shall be enclosed
with one-quarter-inch galvanized hardware cloth or equivalent material,
including a protective overhead, that will prevent chickens from escaping
the coop or the attached enclosure.
(e)
All coops shall provide a minimum of three square feet per chicken.
(f)
All coop floors shall be composed of a smooth, hard, nonabsorbent
surface. A wood or dirt floor is not acceptable.
(g)
There must be at least one nesting box per two chickens.
(h)
Exterior finish materials shall be typical residential type
construction materials.
(i)
There must be a minimum of one square foot of window for each
10 square feet of wall space.
(j)
Coops shall provide elevated perches to ensure chickens are
able to rest in their natural roosting position.
(k)
There shall be a run area maximum of 70 square feet of enclosed/screened
with one-fourth-inch galvanized hardware cloth, maximum height of
six feet six inches.
F.
Conditions for keeping and sanitation.
(1)
Conditions for keeping. A person owning, harboring, keeping or maintaining
chickens pursuant to this section:
(a)
Shall keep, harbor or maintain not more than five chickens on
residential zoned property and shall keep, harbor or maintain not
more than 20 chickens on public property.
(b)
Shall keep, harbor or maintain chickens within a coop or attached
run enclosure at all times.
(c)
Shall not keep, harbor or maintain any roosters or male chickens.
(d)
Shall not sell any eggs on residential properties. The selling
of eggs on public-zoned properties shall follow all USDA rules and
guidelines.
(e)
Shall not slaughter any chickens within the City.
(f)
No person shall use any chickens for fighting.
(g)
Shall not engage in chicken breeding or fertilizer production
for commercial purposes.
(h)
All chickens shall be provided access to food and clean water
at all times.
(i)
Chickens ill with an infectious disease capable of being transmitted
from bird to bird or from birds to humans, including, but not limited
to, salmonella and avian influenza, are prohibited and shall be immediately
killed at a veterinarian's office or removed from the City and
humanely killed outside of the City.
(j)
Deceased chickens should be disposed of immediately in a safe
manner by placing the deceased chicken in a sealed bag and placing
it in a trash receptable with a lid.
(2)
Sanitation.
(a)
Chickens and their coops shall be kept and maintained at all
times in outdoor areas and shall not be permitted inside a residential
dwelling or public premises.
(b)
Chicken feed shall be stored and kept in containers which make
the feed not accessible to rodents, vermin, wild birds and predators.
(c)
All coops and rear yards where chickens are kept, harbored or
maintained shall be reasonably free from substances, including, but
not limited to, chicken manure, such that it does not cause the air
or environment to become noxious or offensive or to be in such a condition
as to promote the breeding of flies, mosquitoes, or other insects,
or to provide habitat, breeding or feeding place for rodents or other
animals, or otherwise be injurious to public health.
(d)
Provision must be made for the storage and removal of chicken
manure. All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure. All other manure not
used for composting or fertilizing shall be removed. In addition,
the henhouse, chicken pen and surrounding area must be kept free from
trash and accumulated droppings. Uneaten feed shall be removed in
a timely manner.
G.
Inspection and enforcement.
(1)
The Hudson Police Department, Animal Control Officer, or their designees
shall have the power, whenever they may deem reasonably necessary,
and consistent with the requirements of statutory and constitutional
law, to enter a building, structure, or property related to a license
under this chapter to ascertain whether the license holder is in compliance
with this chapter. The above-listed departments may issue compliance
orders and citations pursuant to the provisions of this chapter, this
Code and state law.
(2)
Violations of this chapter may constitute a public nuisance under Chapter 175 of this Code or under Ch. 823, Wis. Stats.
(3)
The City may revoke a license at any time if the licensee does not
follow the terms of the license or this section or if the City finds
that the permit holder had not maintained the chickens, coops, or
outdoor enclosures in a clean and sanitary condition.
H.
Other methods not excluded. The requirements and remedies provided
under this section are not exclusive and may be used in combination
with each other or with any other section of this Code or applicable
state statute.
I.
Severability. If any provision in this section, or portion thereof,
is found to be unconstitutional or otherwise invalid, the validity
of the remaining sections shall not be affected.
J.
Violations and penalties. Any person who violates the provisions
of this section shall, upon conviction thereof, forfeit not less than
$50 nor more than $500 per day of violation, if applicable, together
with the costs of prosecution. Each day a violation exists is a separate
violation.
K.
This section shall become effective upon adoption by the Common Council
and publication as provided by law.
[Added 8-21-2017 by Ord.
No. 14-17[1]]
A.
Purpose. The purpose of this section is to establish conditions under
which the temporary and periodic use of a limited number of goats
for invasive species and other weed control is permitted in all districts;
and to establish requirements for doing so to protect the health,
safety, and welfare of the general population of the City of Hudson.
B.
Requirements for temporarily keeping goats for invasive species or
other weed control.
(1)
Temporary use of goats shall not exceed 30 days twice a year.
(2)
The goats must be contained by an adequate containment fence at all
times. If an electric fence is used it must display a warning that
the fence is electric.
(3)
All goat waste material must be removed from the property within
24 hours each day.
(4)
The property must be maintained in a clean, sanitary condition so
as to be free from offensive odors, fly breeding, dust, and general
nuisance conditions.
(5)
Goats shall not be allowed on a vacant lot.
(6)
The City shall have no liability for any damage that may be caused
by goats kept on a property pursuant to this section. Property owners
and permittees under this section shall be jointly and severally liable
for any damage that may be caused by the goats kept pursuant to a
permit issued under this section.
C.
Permit required.
(1)
No person shall own, harbor, keep or maintain goats temporarily or
otherwise on his or her property within the City without first obtaining
a permit approved by the Hudson Police Department.
(2)
The permits shall allow the permit holder to temporarily have goats
on his or her property for up to 30 days for the purpose of invasive
species or other weed control on his or her property.
(3)
A person may be issued two such permits per property in a calendar
year.
(4)
Applications shall be made to the City Clerk's office and forwarded
to the Building Inspector for review.
(5)
Applicants shall provide the following information on the permit
application:
(a)
Name, address, and contact information of the permit applicant.
(b)
Address and description of the property where the goats will
be temporarily kept.
(c)
The type of invasive species or weed control problem on the
property.
(d)
Name, address, and contact information of the person or entity
providing the goats.
(e)
Site plan showing where on the property the goats will be temporarily
kept, including a plan and description of the fencing that will be
used to keep the goats on the property.
(f)
A plan to dispose of goat manure in a safe and adequate manner
with removal of waste within 24 hours.
(g)
No more than 15 goats can be kept on the property. The number
of goats allowed per permit shall be determined based on the size
of the area where goats will be kept.
(6)
No permit shall be issued until the City reviews the application
and inspects the property and determines that the applicant has complied
with the requirements of this section.
(7)
The applicant shall be the property owner or tenant with written
consent of the property owner.
(8)
Written permission from a homeowners' association, if applicable,
or a statement by the applicant that keeping goats on the property
is consistent with any homeowners' association bylaws or rules.
(9)
The permit shall not be transferable.
(10)
No permit shall be issued if the applicant is delinquent in
paying of any taxes, assessments, forfeitures, or fines for violations
of City ordinances, utility bills, or other claims owed to the City.
(11)
The City of Hudson shall be exempt from the permit requirements of Hudson Code § 99-22 for the temporary keeping of goats on City park and other City-owned property for the purpose of control of invasive species and other weed control purposes on property owned by the City of Hudson.
[Added 3-12-2018 by Ord.
No. 8-18]
D.
Permit fee.
E.
(Reserved)
F.
(Reserved)
G.
Inspection and enforcement.
(1)
The Hudson Police Department, Animal Control Officer, or their designees
shall have the power, whenever they may deem reasonably necessary,
and consistent with the requirements of statutory and constitutional
law, to enter a building, structure, or property related to a permit
under this section to ascertain whether the license holder is in compliance
with this chapter. The above-listed departments may issue compliance
orders and citations pursuant to the provisions of this chapter, this
code and state law.
(3)
The City may revoke a permit at any time if the permittee does not
follow the terms of the permit or this section, or if the City finds
that the permit holder had not maintained the goats, fences, or outdoor
enclosures in a clean and sanitary condition.
H.
Other methods not excluded. The requirements and remedies provided
under this section are not exclusive and may be used in combination
with each other or with any other section of this Code or applicable
state statute.
I.
Severability. If any provision in this section, or portion thereof,
is found to be unconstitutional or otherwise invalid, the validity
of the remaining sections shall not be affected.
J.
Violations and penalties. Any person who violates the provisions
of this section shall, upon conviction thereof, forfeit not less than
$50 nor more than $500 per day of violation, if applicable, together
with the costs of prosecution. Each day a violation exists is a separate
violation.
[Added 10-1-2018 by Ord.
No. 21-18[1]]
A.
AGGRESSIVE BEHAVIOR
APIARY
BEEKEEPER
BEEKEEPING EQUIPMENT
COLONY
HIVE
HONEY BEE
RECREATIONAL AREA
SWARM
Definitions. The following definitions will be used in the interpretation
and application of this section.
Any instance in which unusual aggressive characteristics
of bees such as stinging or attacking without provocation occurs.
Provocation is an act that an adult could reasonably expect may cause
a bee to sting or attack.
Colonies, hives, and other equipment associated with honey
bees assembled in one location for beekeeping operations; also known
as a bee yard.
A person who: a) Owns or has responsibility for one or more
colonies of honey bees on the property the beekeeper owns or occupies
in the City of Hudson; b) Has demonstrated to the Community Development
Director or his or her designee that he or she has obtained formal
education or training or sufficient practical experience to act as
a beekeeper; and c) Has been issued a permit under this Ordinance
for maintaining a honey bee colony or colonies on the property the
beekeeper owns or occupies in the City of Hudson.
Anything used in the operation of a honey bee apiary, such
as hive bodies, honey supers, frames, top covers, and/or bottom boards.
An aggregate of honey bees in a hive consisting of workers,
drones, and one queen, and include brood, combs, honey and the receptacle
inhabited by the bees.
The structure containing a colony of honey bees.
All stages of the common domestic honey bee, Apis
mellifera species. Keeping of Apis mellifera scutellata is not permitted under any conditions.
Any man-made structure within someone's property that is
used for outdoor recreational purposes which includes but is not limited
to: pools, decks, gazebos, and children's playground equipment.
For purposes of this chapter, a swarm is a propagation or
colony of honey bees outside of its hive.
B.
Residential and commercial beekeeping practices; location of hives;
beekeeping permit; enforcement penalty. Honey beekeeping shall be
allowed in residentially zoned and commercially zoned districts within
the City of Hudson as follows:
(1)
No person shall acquire, keep or stock honeybees in the City unless
the person has obtained a valid beekeeping permit from the City of
Hudson.
(2)
No honey bees shall be kept on premises which contain multitenant
buildings or two or more dwelling units.
(3)
No person is permitted to keep more than the following numbers of
colonies on any lot within the city, based upon the size or configuration
of the apiary lot:
(4)
The hives forming the apiary structure must be located near each
other to form a single apiary. Splitting hives may be necessary to
control swarm, switch queen bees, or to help the hive get through
the winter. However, splitting may not be used to increase the number
of hives on the property unless the appropriate amount of acreage
on the apiary lot allows it.
(5)
All honey bees shall be kept in hives that are in usable condition.
(6)
A closed fence, closed evergreen hedge, building or other solid flyway
barrier or other barrier at least six feet in height shall be located
between the hive(s) and the property lines for all hives located within
20 feet of the property line unless the Community Development Director
or his or her designee determines a lesser distance or height is sufficient.
(7)
Hives and related structures that form the apiary shall not be located
in front yards or side yards, unless there is no space in the backyard
in which case beekeeping in the side yard will be acceptable, and
shall be no less than 20 feet from all property lines. Location sites
may be closer than stated limits with a signed written consent of
the neighbor whose neighboring property is at the time of permit issuance.
(8)
Hives shall be located a minimum of 30 feet from an adjoining lot's
recreational areas such as patios, porches, decks, gazebos, swimming
pools, and permanently affixed play equipment unless the owner of
the adjoining lot at issue has provided written consent for closer
hive placement.
(9)
Hives shall not be located on rooftops.
(10)
A beekeeper shall provide a continuous source of water to bees
from a source immediately within the apiary to prevent bees from seeking
water sources at nearby properties.
(11)
In the event bees in a hive repeatedly exhibit aggressive behavior,
the beekeeper shall remove, destroy or requeen the hive.
(12)
All apiary structures must be constructed, located and maintained
consistent with and in conformity to the property maintenance, landscaping
and screening provisions of the Hudson City Code.
(13)
If a property zoned commercially is applying for a beekeeping
permit, the business must also apply for a certificate of compliance.
C.
Beekeeping permit.
(1)
A beekeeping permit and fee shall be required for each property where
honey bee hives are maintained. A beekeeping permit is not transferable
to other persons or other locations. A permit provides permission
for honey beekeeping at the address listed on the permit application
and by the permit holder only. Upon vacating the property, the beekeeper
must remove all apiary structures and bees from the property.
(2)
Application and permit fees shall be in the amount established by
City fee schedules. The permit fee shall be $40 per permit for the
first year. The renewal fee shall be $20. The fees may be changed
by motion of the Common Council and shall be incorporated into the
City fee schedule. The permit fee shall be nonrefundable in whole
or in part.
(3)
A beekeeping permit shall be valid for 12 months. The permit must
be renewed by and the renewal fee paid on or before April 1 of each
year the beekeeper wishes to keep bees. Any permits filed after April
1 will only be valid for the following year.
(4)
A permit is subject to revocation upon failure to comply with any
provision under the Hudson City Code as determined in writing by the
Community Development Director. If a permit is revoked, a permit shall
not be reissued to that person for two years.
(5)
Neighborhood approval and site plan required. Before a permit is
issued, applicants shall obtain and provide to the City the written
consent of the owners of all adjoining or diagonally abutting properties,
including those across an alley. If there are neighborhood objections,
the Community Development Director or his or her designee shall forward
the application to the Plan Commission and Common Council for review
and consideration. The Community Development Director or his or her
designee may waive the adjoining lot owner approval requirement in
the case of unusual site conditions such as undeveloped neighboring
property on all abutting sides or if the hives are kept a minimum
of 100 feet away from all adjoining lots' homes and recreational areas
such as patios, porches, decks, gazebos, swimming pools, and permanently
affixed play equipment. The registration application must be denied,
however, if the City receives a written objection from a resident
living on adjoined or diagonally abutting properties of the permit-seeker
that includes medical documentation by a licensed physician of an
allergy to honey bee venom.
(6)
An applicant if not the property owner, shall obtain the written
consent of the owner of the property where the apiary shall be kept.
(7)
An applicant must submit a scaled dimensional drawing, showing all
adjoining structures and property lines together with the proposed
apiary, to the satisfaction of the development director or his or
her designee.
(8)
Applicants shall utilize beekeeping associations, classes and training,
mentoring, or a combination thereof to obtain competency in beekeeping.
D.
Prohibited conduct. Beekeepers shall comply with the following:
(1)
Any bee colony not residing in a hive structure intended for beekeeping
or any swarm of bees not under active human management should be reported
to the Community Development Director.
(2)
No beekeeper shall keep bees or hives that cause any nuisance, unhealthy
conditions, create a public threat or interfere with the normal use
and enjoyment of any public property or property of others.
(3)
Hives shall be actively maintained. If the hives are not under active
human management and maintenance, the Community Development Director
may order the hives to be dismantled or removed. The beekeeper shall
have five days following written notice from the Community Development
Director to bring the hive into compliance.
(4)
Any bee colony residing in a hive which by virtue of its condition
has obviously been abandoned or improperly maintained by the beekeeper
is prohibited.
(5)
No beekeeper shall sell honey on site unless the property is commercially
zoned and a certificate of compliance is approved.
E.
Penalties; inspections; enforcement; appeal.
(2)
Inspections. To ensure compliance with this section and that there
are no hazards or other issues present, a site inspection of the beekeeper's
premises and apiary shall be required.
(3)
Removal of hive. Any hive may be impounded or removed from the City
for violations of this section upon order of the Community Development
Director. The beekeeper shall be responsible for costs of the impoundment
or removal.
(4)
The Community Development Department shall issue permits and enforce
the provisions of this code.
(5)
Appeal. Any person aggrieved by a determination or order of the Community
Development Director or his or her designee may appeal in writing
to the Board of Appeals. The procedures to be followed in this case
shall be the same as those followed for an appeal to any administrative
decision made by the Community Development Director or his or her
designee.
[Amended 12-17-2001 by Ord. No. 19-01]
A.
Violations.
[Amended 7-6-2015 by Ord.
No. 5-15]
(1)
First offense. In addition to any other remedy provided by law, any person who violates any provision of this chapter shall be subject to a forfeiture of not less than $25 nor more than $1,500, plus penalty assessments and statutory costs, plus costs incurred by the City as described in Subsection B.
(2)
Second and subsequent offenses. In addition to any other remedy provided
by law, any person found guilty of violating this chapter who shall
previously have been convicted of a violation of this chapter shall,
upon conviction thereof, forfeit not less than $50 nor more than $2,500
for each such offense, together with the costs of prosecution, plus
all statutory costs and assessments, together with the costs of prosecution.
(3)
Each day of violation shall be a separate offense.
B.
In addition to any forfeiture imposed pursuant to Subsection A above, or any deposit amount established under Hudson City Code § 26-3, an animal owner who allows an animal to run at large or to otherwise be in violation of this chapter shall be required to pay all costs the City 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 animal which is in violation of this chapter. If costs are not paid pursuant to judgment of conviction or citation, the City shall bill the animal owner for all costs incurred by the City. If the animal owner does not pay said costs within 30 days, pursuant to its authority under Wis. Stat. 66.0627, the City shall impose said costs as a special charge against any real estate owned by the animal owner in the City of Hudson. Said special charge shall become a lien upon the property for collection along with real property taxes.
