[HISTORY: Adopted by the Town Board of the
Town of Hudson 3-4-1991. Amendments noted where applicable.]
This chapter shall be named the "Animal Control
Ordinance." Any previous animal control ordinances enacted by the
Town of Hudson in conflict herewith are repealed.
The following terms shall have the meanings
indicated:
Any animal which is:
Includes every living warm-blooded creature, except a human
being; reptiles; amphibians.
The person or persons employed by or designated by the Town,
county or state shall be the enforcement officer of this chapter.
This term includes humane officers duly appointed and qualified to
perform such duties under the laws of the State of Wisconsin.
[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
Any premises designated by action of the Town Board for the
purposes of impounding and caring for all animals found in violation
of this chapter.
An animal is at large when it is off the property of its
owner and not under restraint.
A common farm bird raised for its edible eggs or flesh.
[Added 12-7-2021 by Ord.
No. 2021-3]
A place where over 10 dogs over the age of five months are
kept by a corporate or individual owner, lessor, breeder of dogs who
trains, grooms, boards, breeds and/or sells animals for resale, individually
or in litter lots for any purposes other than companion animals or
for guides for the blind or public service dogs; a place where the
business may be the primary source of income of the occupant or owner
of the property.
[Added 12-7-2021 by Ord.
No. 2021-3]
Any animal which constitutes a physical threat
to human beings or to other domestic animals by virtue of a known
history to endanger life by an unprovoked assault or bite so as to
cause bodily harm.
A dog trained, owned or harbored for the purpose,
primarily or in part, of dog fighting.
A dog shall not be deemed dangerous if:
It bites, attacks or menaces anyone assaulting
the owner.
It bites, attacks or menaces a trespasser on
the property of the owner.
It bites, attacks or menaces any person or other
animal who has tormented or abused it.
It is otherwise acting in defense of an attack
from a person or other animal upon the owner or other person.
It is protecting or defending its young or other
animal.
Shall apply to a canine animal, male or female, altered or
unaltered.
Includes visible and invisible.
[Added 11-9-2006]
Any dog which has been trained to attack persons independently
or upon command.
A place where no more than five dogs over five months of
age are kept on the premises occupied for residential purposes.
Any dog which by frequent and habitual howling, yelping,
barking or other nuisances shall cause serious annoyance or disturbance
to persons or to a neighborhood or habitually pursues any vehicle
upon any public street or highway. The provisions of this chapter
shall not apply to duly authorized hospitals or clinics conducted
for the treatment of small animals.
[Amended 4-2-2001 by Ord. No. 04-02-01]
Unless otherwise specified, "own" shall be deemed to mean
keep, harbor, have control, have charge or custody of an animal for
a period of five days or longer. The term shall also be deemed to
mean permitting an animal to be kept at or within a residence legally
owned by the person giving permission. This term is applicable to
landlords and lessors of property. This term shall not apply to veterinarians
or kennel operators temporarily maintaining on their premises animals
owned by others.
[Amended 6-1-2006]
A person who owns, harbors, keeps or permits the dog to be
on the legal premise. In the case of rental property, the owner is
the person, partnership, corporation, or other entity that holds legal
title to the rented property. By permitting a tenant or lessee to
have a dog on site, for the purposes of this chapter, the person who
holds title to the property is an owner.
[Amended 6-1-2006]
A place where more than five but fewer than 11 dogs over
the age of five months are kept and where the business of selling
and breeding dogs, if conducted, is incidental to the occupancy of
the premises for residential purposes and is not the primary source
of income of the occupant or owner of the property.
[Amended 4-2-2001; 12-7-2021 by Ord. No. 2021-3]
A fence or structure of suitable height, forming or causing
an enclosure suitable to prevent the entry of any young children.
Such enclosure shall be locked and shall be designed to be secure
to prevent an animal from escaping from the enclosure.
An animal is under restraint within the meaning of this chapter
if it is controlled by a leash, cord, chain or similar physical restraint
or by a competent person and immediately obedient to that person's
command or within a vehicle being driven or parked on the streets
or roads or within the property limits of its owner.
Any unlicensed animal, the owner of which is unknown, which
is at large.
The Town of Hudson, St. Croix County, Wisconsin.
[Amended 6-1-2006]
The owner shall keep his/her animal under restraint
at all times. The owner is responsible for picking up and disposing
properly of any animal waste deposited anywhere other than the dog
owner's property.
[Amended 4-2-2001 by Ord. No. 04-02-01; 6-1-2006; 5-4-2010]
No person shall own any dog within the Town
limits or permit any dog on any property legally owned by the person
for a period of more than 30 days unless such dog is licensed, except
as provided under Subsection A, Exceptions. Written application shall
be made to such person or persons as designated by the Town and shall
include all pertinent documentation as required for such license.
In lieu of said application, if an unlicensed dog is impounded, and
said dog is either vaccinated for rabies by the pound or proof of
vaccination is provided by the owner to the pound, and the dog is
returned to the owner and proof of rabies vaccination is given to
the Town, the Town may issue a dog license under this section and
bill the owner for the license.
A.
Exceptions.
(1)
Hospitals, clinics and other premises operated by
licensed veterinarians exclusively for the care and treatment of animals
are exempt from the provisions of this chapter, except where such
duties are expressly stated.
(2)
The licensing requirement of this chapter shall not
apply to any dog belonging to a nonresident and kept within the Town
for less than 30 days, provided that all such dogs shall at all times
be kept under restraint.
(3)
Any dog owned, kept or harbored by an individual or
corporation holding either a private or commercial kennel license
need not be individually licensed.
(4)
Every dog specially trained to lead blind or deaf
persons or to provide support for mobility impaired persons is exempt
from the dog license fee and every person owning such a dog shall
receive annually a free dog license.
(5)
Any dog owned by a person that is kept only for educational
or scientific purposes is exempt from the licensing requirements of
this chapter.
A.
Individual dog. Written application shall be made
on a form to be furnished by the Town. As a condition for the issuance
of said license, the owner shall submit a current certificate of rabies
vaccination for the dog(s). At the time of application a numbered
durable tag(s) shall be issued to the owner. In lieu of said application,
if an unlicensed dog is impounded, and said dog is either vaccinated
for rabies by the pound or proof of vaccination is provided by the
owner to the pound, and the dog is returned to the owner and proof
of rabies vaccination is given to the Town, the Town may issue a dog
license under this section and bill the owner for the license.
[Amended 12-2-1991; 5-4-2010]
(1)
(3)
Deceased transfer fee: as set from time to time by
resolution of the Town Board.[4] If the dog dies within the license year and a dog is secured
to replace the dog so dying, the annual license for the deceased dog
may be transferred to the replacement dog for the remainder of the
licensing year.
(4)
Change of ownership. If there is a change of ownership
of a dog, the new owner must, within 30 days, apply for a license
therefor and pay the fee prescribed by this chapter as if for a new
license.
(5)
Miscellaneous.
(a)
Any person who secures a dog shall be allowed 30 days
to obtain a license. Any dog owner upon becoming a resident of the
town shall be allowed 30 days to obtain a dog license.
(b)
Upon complying with the provisions of this chapter,
there shall be issued to the owner a durable tag, stamped with a number
and the year for which issued.
(c)
Every owner is required to keep a valid tag securely
fastened to the dog's collar or harness which must be worn by the
dog at all times except when the dog for which the license is issued
is indoors or on the premises of the owner or covered by an exception.
B.
Private dog kennel.
[Amended 12-7-2021 by Ord. No. 2021-3]
(2)
A private dog kennel license shall not be issued unless the application
for such license is accompanied by the written approval thereof by
the occupants of all privately owned real estate abutting the premises
on which such kennel is to be located or unless the applicant's
kennel is 300 feet or more from any adjacent owner's property
line. Approval of abutting property owners is necessary only for the
initial licensing.
(3)
The Town Board of the Town of Hudson may grant a private kennel license only upon approval of a special exception permit after a public hearing. The standards set in § 105-33A(1), (2) and (3) of the Town of Hudson Zoning Ordinance shall apply.
(4)
The fee for a private dog kennel, per year, shall be as set from
time to time by resolution of the Town Board.
C.
Commercial dog kennel.
[Amended 12-7-2021 by Ord. No. 2021-3]
(1)
A commercial dog kennel shall be allowed in the following zoning
district by special exception permit only:
(a)
Agricultural/Residential District.
(2)
A commercial dog kennel license shall not be issued when located
less than 700 feet from any lot line shared with premises devoted
to residential uses, by persons other than that of the owner of such
kennels, his family, agents, employees or tenants.
(3)
The Town Board of the Town of Hudson may grant a commercial dog kennel license only upon approval of a special exception permit after a public hearing. The standards set in § 105-33A(1), (2) and (3) of the Town of Hudson Zoning Ordinance shall apply.
(4)
The fee for a commercial dog kennel license, per year, shall be as
set from time to time by resolution of the Town Board.
D.
Provisions of dog kennel licenses.
(1)
No person shall operate a dog kennel without first
obtaining a dog kennel license as herein provided. All dog kennel
licenses shall be issued for one year beginning on January 1. Application
for licenses may be made 60 days prior to the start of the licensing
year and thereafter during the licensing year.
(2)
A dog kennel license may be revoked by reason of any
violation of this chapter or by reason of the violation of any health
or nuisance ordinances, order, law or regulation as may be determined
by the Town Board.
(3)
Before revoking a dog kennel license, the licensee
shall be given notice of the meeting at which such revocation shall
be considered and a copy of the complaint. If the licensee is present
at such meeting, he/she shall be first given an opportunity to be
heard. Notice of such meeting shall be given to the licensee in writing,
mailed to the address of the licensee as set forth in the license
application for the dog kennel license at least 10 working days prior
to the date of the meeting.
(4)
All dog kennels shall be kept in a clean and healthful
condition and at all reasonable times shall be given to inspection
by any health officer, animal control/animal humane officer or other
person or persons charged with the enforcement of this chapter or
any health or sanitary regulation, order, rule or statute of the Town
of Hudson or St. Croix County or the State of Wisconsin.
[Amended 12-7-2021 by Ord. No. 2021-3]
[Amended 11-9-2006]
A.
Any
animal found in violation of this chapter may be taken by the Animal
Control/Animal Humane Officer and impounded in the designated animal
shelter and there confined in a humane manner for a period of not
less than seven days. If not claimed prior thereto by its owner, it
shall thereafter become the property of the Town and may be disposed
of in a humane manner or sold to an individual desiring to purchase
the animal as a pet. For dogs and cats, they must sign an agreement
to spay or neuter the animal. If a dog is destroyed pursuant to this
chapter, the license for such dog shall expire.
[Amended 12-7-2021 by Ord. No. 2021-3]
B.
Immediately
upon the impounding of a dog wearing a current license, tattoo or
other identification, the Animal Control/Animal Humane Officer shall
make reasonable effort to notify the owner of such dog of the impoundment
and of the conditions whereby the owner may regain custody of the
dog. Any verbal notices shall be confirmed in writing by the Animal
Control/Animal Humane Officer.
[Amended 12-7-2021 by Ord. No. 2021-3]
C.
Notwithstanding
anything contained herein to the contrary, if a critically injured
animal is at large pursuant to this chapter, it may be destroyed by
the Animal Control/Animal Humane Officer but only after reasonable
efforts have been made to contact its owner.
[Amended 12-7-2021 by Ord. No. 2021-3]
D.
Any animal impounded hereunder being held for suspected
disease (except rabies) may be reclaimed by the owner within seven
days upon payment of the owner to the Town any applicable forfeitures
in addition to the costs for keeping such an animal during the impoundment,
providing that the licensing requirements of this chapter are complied
with.
F.
An impounded dog that is returned to its owner may be automatically licensed by the Town of Hudson as per §§ 5-4 and 5-5 of this chapter. License fees shall be billed to the owner, and if the owner does not pay the fees within 14 days, it shall be a violation of this chapter and subject to all enforcement and collection methods of this chapter.
[Added 5-4-2010]
A.
Any animal that has bitten a person shall immediately
be impounded for at least 10 days and kept apart from other animals,
under the supervision of a veterinarian or at the Town-designated
animal shelter, until it is determined whether such animal had or
has a disease which might have been transmitted by such bite. [§ 95.21(5)(a)(b),
Wis. Stats.]
B.
Such
impounding may be done by the owner and need not be at the designated
town animal shelter, but if it is not at the designated Town animal
shelter, the owner shall notify the Animal Control/Animal Humane Officer
immediately and shall furnish proof in writing that such animal has
been so impounded. [§ 95.21(5)(a), Wis. Stats.]
[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
C.
Upon
the expiration of 10 days, if it is determined the animal does not
have a disease, the animal may be released, and the Animal Control/Animal
Humane Officer shall be notified. If the animal was impounded to the
designated Town animal shelter, it may be reclaimed in 10 days if
it is determined the animal does not have a disease and all costs
of shelter and care are paid by the owner. [§ 95.21(5)(b),
Wis. Stats.]
[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
D.
Any
animal owned, harbored or kept in the Town of Hudson which has been
bitten by a rabid or suspected rabid animal shall be impounded and
kept in the same manner for a period of six months, unless the animal
has been vaccinated for rabies within the previous year, then the
impoundment period shall be 60 days. The owner of any animal which
has been bitten by a rabid animal shall notify the Town Animal Control/Animal
Humane Officer in the event of the animal's illness or death
during quarantine. [§ 95.21(5)(b), Wis. Stats.]
[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
A.
It shall be the duty of the Town Treasurer to keep,
or cause to be kept, accurate and detailed records of the licensing
of all animals owned, harbored or kept in the Town of Hudson.
B.
It shall be the duty of the Animal Control/Animal
Humane Officer to keep, or cause to be kept, accurate and detailed
records of all impoundments and their dispositions and all bite cases
reported to him and his investigation of the same. A copy of the report
shall be given to the Town Clerk.
[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
C.
It shall be the duty of the Town Treasurer to keep,
or cause to be kept, accurate and detailed records of all moneys belonging
to the Town pursuant to this chapter.
D.
All fees and fines shall be paid at the Town office
or designated animal shelter during normal office hours. All checks
and money orders shall be made payable to the Town of Hudson.
A.
Every female dog in heat shall be maintained in such
a manner that such female dog cannot come in contact with another
dog except for intentional breeding purposes.[1]
[1]
Editor's Note: Former Subsection B, regarding a forfeiture
for owners of dogs in heat who run at large, was repealed 12-7-2021 by Ord. No. 2021-3]
[Amended 4-2-2001 by Ord. No. 04-02-01; 11-9-2006; 12-7-2021 by Ord. No. 2021-3]
A.
For the purpose of discharging the duties imposed by this chapter
and to enforce its provisions, the Animal Control/Animal Humane Officer
shall fully cooperate and assist the Department of Agriculture, Trade
and Consumer Protection and authorized state health officials in identifying
and locating animals which pose a risk and/or danger to the public
and/or are in need of humane treatment. To such extent as is permitted
by state statute, the Animal Control/Animal Humane Officer is empowered
to enter upon the premises upon which an animal is kept or harbored
and to demand the exhibition by the owner of such animal and/or license
for such animals.
B.
It is further provided that the Animal Control/Animal Humane Officer
shall fully cooperate and assist the Department of Agriculture, Trade
and Consumer Protection authorized health officials and designated
humane societies in identifying and locating animals which are being
kept in reportedly cruel and/or inhumane manner. To such extent as
is permitted by state statute, the Animal Control/Animal Humane Officer
is empowered to enter upon the premises where any animal is kept in
a reportedly cruel and/or inhumane manner and demand to examine such
animal and to take possession of such animal when it requires humane
treatment.
C.
The Animal Control/Animal Humane Officer shall cooperate and assist
any law enforcement officer in the discharge of his duties with respect
to animal control.
[Amended 11-9-2006; 6-3-2014; 12-7-2021 by Ord. No. 2021-3]
A.
No person shall interfere with, hinder or molest the Animal Control/Animal
Humane Officer in the performance of the duties of his/her office
or seek to release any animal in the custody of the Animal Control/Animal
Humane Officer except as herein provided. This includes:
B.
Any such action shall constitute a violation of this chapter.
No dog fighting, cock fighting, bull baiting,
bear baiting or other setting of or other fighting of one animal against
another shall be permitted in the Town of Hudson.
It shall be unlawful for anyone to knowingly
abandon or abuse any animal. Each person who does abandon or abuse
knowingly or willingly permits this abandonment or abuse or aids in
the abandonment or abuse of any animal shall be in violation of this
chapter and shall be subject to the penalties as herein provided.
A.
Each owner shall confine within a building or proper
enclosure any dangerous animal and not take such animal out of the
enclosure unless the animal is securely muzzled or restrained.
B.
No 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 proper enclosure as provided for in the definition of "proper enclosure" in § 5-2.
C.
In addition to the requirements in the definition of "proper enclosure" in § 5-2, for owners of dangerous animals who maintain the animal out-of-doors, a portion of their property shall be fenced with a perimeter or area fence. Within this perimeter fence, the dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides; a secure top attached to all sides; the sides must either be buried two feet into the ground, sunken into a concrete pad or securely attached to a wire bottom. The gate to the kennel must be securely locked at all times.
D.
Except when being transported in and securely confined
within a vehicle, no dangerous animal shall be permitted off the property
of its owner 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 (not to exceed six feet in length).
Collar, leash, cord, chain or similar physical restraint must be of
sufficient strength to prevent escape and the animal must be muzzled
by any means sufficient to prevent biting other persons or domestic
animals.
[Amended 11-9-2006]
A.
In the event that an Animal Control/Animal Humane
Officer has received information that a dangerous animal is being
harbored in violation of this chapter, he/she may:
[Amended 12-7-2021 by Ord. No. 2021-3]
(1)
Order the violation immediately corrected and cite
the owner or keeper; or
(2)
If the violation cannot be immediately corrected and
the animal is posing an imminent serious threat to human beings or
other domestic animals, the animal may be seized and impounded at
the owner's expense. At the owner's request and expense, such impoundment
may be at a veterinarian or licensed kennel of the owner's choosing.
(3)
If the owner or keeper of the dangerous animal fails
to either provide proof that the animal will now be kept restrained
or confined in compliance with the provisions of this chapter or fails
to reclaim it from the designated Town shelter after impoundment and
if it cannot be adopted by someone providing proof that it will be
kept restrained or confined as specified in this chapter, it will
be humanely euthanized at owner's expense.
All owners, keepers or harborers of any guard
dog or officially determined dangerous animal shall display in a prominent
place on their premises and at each entrance or exit to the area where
such an animal is confined, a sign easily readable by the public using
the words "BEWARE OF DOG" or "DANGEROUS ANIMAL."
A.
It shall be the duty of every owner of any animal
or anyone having any animal in their possession or custody to 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 or ferocity.
B.
It shall be the duty of every owner of any animal
or anyone having any animal in their possession or custody to 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.
C.
It shall be the duty of the owner of any animal or
anyone having an animal in their possession to 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.
D.
It shall
be unlawful for any person knowingly to keep or harbor any dog which
habitually barks, howls or yelps to the great discomfort of the peace
and quiet of the neighborhood or in such a manner as to materially
disturb or annoy persons in the neighborhood who are of ordinary sensibilities.
Such dogs are hereby declared to be a public nuisance.
[Added 9-7-2000; amended 12-7-2021 by Ord. No. 2021-3]
E.
Petitions complaining of vicious or barking dogs.
[Added 9-7-2000; amended 11-9-2006]
(1)
Whenever any person shall complain to the Town Animal Control/Animal
Humane Officer, Town Chairman or county law enforcement agency that
a dog which habitually barks, howls or yelps is being kept by a person
in the Town, the Animal Control/Animal Humane Officer, Chairman or
county law enforcement agency shall notify the owner of said dog that
a complaint has been received and that the person should take whatever
steps necessary to alleviate the barking, howling or yelping.
[Amended 12-7-2021 by Ord. No. 2021-3]
(2)
If the warning given to the person alleged to be keeping a dog as set forth in Subsection E(1) above is ineffective, then a verified complaint of at least two residents of separate households may be presented to the Town Animal Control/Animal Humane Officer, Town Chairman or county law enforcement agency alleging that a vicious dog or a dog which habitually barks, howls or yelps is being kept by any person within the Town. The Town Animal Control/Animal Humane Officer, Town Chairman or county law enforcement agency shall inform the owner of such dog that said petition has been received and shall cite the owner of the dog for the violation alleged in said petition.
[Amended 12-7-2021 by Ord. No. 2021-3]
F.
Failure to keep any animal confined or under restraint
as provided for in this section shall be unlawful and shall be punishable
as herein provided.
[Amended 9-7-2000; 4-2-2001 by Ord. No. 04-02-01; 6-1-2006; 11-9-2006]
B.
In addition to the impoundment and redemption fines and forfeitures provided in §§ 5-6E and 5-17E(3), any person who violates any provision of this chapter may be subject to a forfeiture penalty of not less than $75 nor more than $500, together with the costs of prosecution. (§ 174.15, Wis. Stats.) Each day that a violation shall continue will constitute a separate offense.
[Amended 5-4-2010; 12-7-2021 by Ord. No. 2021-3]
C.
In addition to any forfeiture imposed pursuant to Subsection A or B above, 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 Town incurs in enforcing this chapter, including but not limited to costs for animal pickup, kenneling, boarding, impound fees, or other costs related to dealing with the animal which is in violation of this chapter. If costs are not paid pursuant to judgment of conviction or citation, the Town shall bill the animal owner for all costs incurred by the Town. If the animal owner does not pay said costs within 30 days, pursuant to its authority under Wis. Stat. § 66.0627, the Town shall impose said costs as a special charge against any real estate owned by the animal owner or landlord in the Town of Hudson. Said special charge shall become a lien upon the property for collection along with real property taxes. Landlords shall be notified of renter violations. All relevant correspondence sent to the renter will also be sent to the landlord.
E.
Violations are to be considered on a basis of what
occurs in a twelve-month period rather than January to December.
