[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as § 6-1-3 and Title
7, Ch. 1 of the 1988 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject
matter otherwise requires, the following definitions apply:
To be off the premises of the owner and not under the control
of some person by leash, 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.
[2]Any feline, regardless of age or sex.
Any canine, regardless of age or sex.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional generative 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 is presumed to
be harboring or keeping the dog or cat within the meaning of this
definition.
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 Village of Mazomanie 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 obtained or brought into the
Village, unless the dog has been vaccinated as evidenced by a current
certificate of rabies vaccination from this state or another state.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date that the immunization expires as
stated on the certificate of vaccination or, if no date is specified,
within three years after the previous vaccination. The certificate
of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog 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 Department of Agriculture, Trade and
Consumer Protection stating the owner's name and address, the name,
sex, whether spayed or unspayed, neutered or unneutered, breed and
color of the dog, the date of the vaccination, the type of rabies
vaccine administered and the manufacturer's serial number, the date
that the immunization expires as specified for that type of vaccine
by the Centers for Disease Control of the U.S. Department of Health
and Human Services, and the Village where the dog is required to be
licensed.[2]
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 Village
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
subject to the fees as set by § 174.05(2), Wis. Stats.,
and § 47.22 of the Dane County Code of Ordinances. The license
year shall commence January 1 and end December 31.
[Amended 4-14-1992 by Ord. No. 1992-7]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 158-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license and the license year.[1]
(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.
(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 law enforcement, animal control or humane officer
shall seize, impound or restrain any dog for which a dog license is
required which is found without such tag attached.
(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 Clerk-Treasurer 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
kennel license under this section shall be subject to the fees as
set by § 174.05(2), Wis. Stats., and § 47.22 of
the Dane County Code of Ordinances. The license year shall commence
January 1 and end December 31.
[Amended 4-14-1992 by Ord. No. 1992-7]
(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. 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.
The Village Clerk-Treasurer shall assess and
collect a late fee as provided in § 174.05(5), Wis. Stats.,
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.
A.
Dogs and cats confined. If a district is quarantined
for rabies, all dogs and cats within the Village shall be kept securely
confined, tied, leashed or muzzled. Any dog or cat not confined, tied,
leashed or muzzled is declared a public nuisance and may be impounded.
All officers shall cooperate in the enforcement of the quarantine.
The Village Clerk-Treasurer shall promptly post in at least three
public places in the Village notices of quarantine furnished by the
Department of Agriculture, Trade and Consumer Protection for posting.[1]
B.
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. A law enforcement,
animal control, humane or health officer shall order a dog or cat
quarantined if such 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 or 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. A law enforcement, animal control, humane or health 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 of carcass; preparation; examination by Laboratory
of Hygiene. An officer who kills an animal shall deliver the carcass
to a veterinarian or local health department. The veterinarian or
local health department shall prepare the carcass, properly prepare
and package the head of the animal in a manner to minimize deterioration,
arrange for delivery by the most expeditious means feasible of the
head of the animal to the State Laboratory of Hygiene and dispose
of or arrange for the disposal of the remainder of the carcass in
a manner which minimizes the risk or exposure to any rabies virus.
The Laboratory of Hygiene shall examine the specimen and determine
if the animal was infected with rabies. The State Laboratory of Hygiene
shall notify the Department of Agriculture, Trade and Consumer Protection,
the veterinarian or local health department which prepared the carcass,
and, if the animal is suspected to have bitten a person, that person
or that person's physician.[2]
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 Department of Agriculture, Trade and Consumer Protection, 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.[3]
G.
Responsibility for quarantine and laboratory expenses.
The owner of an animal is responsible for any expenses incurred in
connection with keeping the animal in an isolation facility, supervision
and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory
examination. If the owner is unknown, the county is responsible for
these expenses.
A.
Restrictions. It shall be unlawful for any person
within the Village to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(7)
In the case of a dog, is unlicensed.
B.
Dogs and animals off premises.
(1)
No 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 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 law enforcement 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 Village.
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 Village
ordinance to be licensed shall be seized and impounded by a humane,
animal control 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.
A.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any law enforcement,
animal control or humane officer may impound any dog, cat or other
animal which habitually pursues any vehicle upon any street, alley
or highway of this Village, assaults or attacks any person, is at
large within the Village, habitually barks, cries or howls, kills,
wounds or worries any domestic animal or is infected with rabies.
In order for an animal to be impounded, the impounding officer must
see or hear the violation of this section or have in his possession
a signed statement of a complaining witness alleging the facts regarding
the violation and containing an agreement to reimburse the Village
for any damages it sustains for improper or illegal seizure.
B.
Claiming animal; disposal of unclaimed animals.
(1)
After seizure of animals under this section by a law
enforcement, animal control or humane officer, the animal shall be
impounded. Such officer shall notify the owner personally or through
the U.S. Mail, if such owner is known to the officer or can be ascertained
with reasonable effort.
(2)
The Village shall not release any animal to any persons
unless the following conditions are first met:
(a)
The person is an animal control officer for
the humane society.
(b)
The officer is satisfied that the person claiming
the animal is the owner of the dog.
(c)
The owner of the animal shows proof of vaccination
and proper registration in either the Village or the county.
(d)
The owner is issued a written citation or written
warning. However, the officer shall take into account the circumstances
under which the animal was captured and review any problems that may
have occurred in the past.
(e)
No animal shall be released to an owner who
has not properly had his animal vaccinated and registered until such
time as these conditions are met.
(3)
The humane society shall be notified and the animal
shall be released to the humane society as soon as possible within
48 hours of original impoundment by the Village. Owners shall be notified
if possible of these conditions and shall be responsible for any other
fees incurred by the humane society and/or the Village.
C.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the poundmaster may sell the animal
to any willing buyer.
D.
Village not liable for impounding animals. The Village
shall not be liable for the death of any animal which has been impounded
or disposed of pursuant to this section.
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.
No dog or cat shall be permitted in any public
cemetery. Every dog specially trained to lead blind 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 Chief of Police of the Village
and shall keep such dog or cat confined for not less than 14 days
or for such period of time as the Health Officer shall direct. The
owner or keeper of any such dog or cat shall surrender the dog or
cat to a law enforcement, animal control 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. Anyone walking a dog without proper cleanup materials
may be deemed in violation of this section. 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, flowerbed, plant, shrub, tree or garden in any manner
whatsoever, or to defecate thereon.
It shall be unlawful for any person knowingly
to keep or harbor any dog which habitually barks, howls or yelps,
or any cat which habitually cries or howls, to the great discomfort
of the peace and quiet of the neighborhood or in such manner as to
materially disturb or annoy persons in the neighborhood who are of
ordinary sensibilities. Such dogs and cats are hereby declared to
be a public nuisance. A dog or cat is considered to be in violation
of this section when two formal, written complaints are filed with
the Village Board or Chief of Police 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 Village
any of the following animals, alive or dead, or any part or product
thereof: all wild cats of the family felidae, polar bear (Thalarctos
maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), 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), and Mexican ridley
turtle (Lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful
for any person, firm or corporation to buy, sell or offer for sale
a native or foreign species or subspecies of mammal, bird, amphibian,
or reptile, or the dead body or parts thereof, which appears on the
endangered species list designated by the United States Secretary
of the Interior and published in the Code of Federal Regulations pursuant
to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person,
firm, or corporation shall import or cause to be imported into this
Village any part of the plumage, skin or dead body of any species
of hawk, owl, or eagle. This subsection shall not be construed to
forbid or restrict the importation or use of the plumage, skin, body,
or any part thereof legally collected for use by the American Indians
for ceremonial purposes or in the preservation of their tribal customs
and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the 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 by any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be
unlawful for any person to keep, maintain or have in his possession
or under his control within the Village any poisonous reptile or any
other dangerous or carnivorous wild animal or reptile, any vicious
or dangerous domesticated animal or any other animal or reptile of
wild, vicious or dangerous propensities. Specifically, it shall be
unlawful for any person to keep, maintain or have in his possession
or under his control within the Village any of the following animals:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or
more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the
deer family, for example, white-tailed 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 (Felis concolor), also known as cougars,
mountain lions and panthers.
(23)
Rhinoceroses (Rhinocero tidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Swine (Suidae).
(27)
Tigers (Panthera tigris).
(28)
Wolves (Canis lupus).
(29)
Poisonous insects.
D.
Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses if:
(2)
All animals and animal quarters are kept in a clean
and sanitary condition and so maintained as to eliminate objectionable
odors.
(3)
Animals are maintained in quarters so constructed
as to prevent their escape.
(4)
No person lives or resides within 100 feet of the
quarters in which the animals are kept.
E.
Farm animals. Cows, horses, pigs, sheep, poultry, with the exception of hen chickens, as outlined in § 158-14F, and other farm animals shall not be kept within the Village limits unless kept in a properly zoned agricultural district under the Zoning Code.
[Amended 12-8-2006 by Ord. No. 2006-2; 3-8-2011 by Ord. No. 2011-2]
F.
Possession
of hen chickens. The raising of hen chickens shall be considered an
accessory use in all single-family residential zoning districts, and
shall meet the following requirements.
[Added 3-8-2011 by Ord. No. 2011-2]
(1)
A
total of four hen chickens or hens shall be allowed per single-family
dwelling. Roosters shall not be allowed.
(2)
No
slaughtering shall be allowed.
(3)
Hen
chickens shall be kept within a secure enclosure.
(4)
All
hen chickens shall be kept in an enclosed space. Enclosures shall
be located no closer than 25 feet to neighboring dwellings and a minimum
of five feet from the property line.
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.
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.
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.
A.
Indoor standards. Minimum indoor standards of shelter
shall include the following:
B.
Outdoor standards. Minimum outdoor standards of shelter
shall include the following:
(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.
C.
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.
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 Village 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 Village street from a motor vehicle or from
a trailer or semitrailer drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person
may expose any pet animal owned by another to any known poisonous
substance or controlled substance listed in § 961.14, Wis.
Stats., whether mixed with meat or other food or not, where 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.
A.
In the interest of public health and safety, it shall
be unlawful for any person in or on land within the Village to set,
place or tend any trap for the purpose of trapping, killing, catching,
wounding, worrying or molesting any animal, except by use of live
box-type traps only. Live box-type traps shall be defined as those
traps which capture and hold an animal in an alive and unharmed condition.
B.
This section shall prohibit the use of all traps other
than live traps as described above, including but not limited to traps
commonly known as leg traps, pan-type traps or other traps designed
to kill, wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply
with Ch. 29, Wis. Stats., as it relates to trapping.
D.
This section shall not apply to trapping within the
confines of buildings or homes.
E.
Nothing in this section shall prohibit or hinder the
Village or its employees or agents from performing their official
duties.
A.
No person may abandon any animal.
B.
Any law enforcement or humane 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.
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, it 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.
E.
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.
A.
Findings. The keeping of a large number of dogs within
the Village 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.
FAMILY
RESIDENTIAL LOT
Definitions. As used in this section, the following
definitions apply:[1]
One or more persons.
A parcel of land zoned as residential, occupied or to be
occupied by a dwelling, platted or unplatted, and under common ownership.
For the purpose of this section, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
C.
Number of dogs limited. [2]
(1)
No family shall own, harbor or keep in its possession
more than three dogs on any residential lot without the prior approval
of the Village Board, except that a litter of pups or a portion of
a litter may be kept for not more than eight weeks 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 unless prior
approval is obtained from the Village Board.
(2)
The above requirement may be waived with the approval
of the Village Board or when a kennel license has been issued by the
Village. Such application for waiver shall first be made to the Village
Clerk-Treasurer who shall forward the request with his approval or
objection to the Public Protection and Ordinance Committee of the
Village Board, which shall receive reports from the Health Officer
and the Police Department on such application. After deliberation,
the Public Protection and Ordinance Committee shall make a recommendation
to the Village Board prior to Board action on the matter.
A.
It shall be unlawful for any person to establish or
maintain any hive, stand or box where bees are kept or to keep any
bees in or upon any premises within the corporate limits of the Village
unless the bees are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be
located closer than 20 feet to any property boundary.
(2)
If bee colonies are kept within 50 feet of any exterior
boundary of the property on which the hive, stand or box is located,
a barrier that will prevent bees from flying through it, no less than
five feet high, shall be installed and maintained along said exterior
boundary. Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be
provided on said premises.
(4)
The bees and equipment shall be kept in accordance
with the provisions of the state statutes.
B.
Nothing in this section shall be deemed or construed
to prohibit the keeping of bees in a hive, stand or box located or
kept within a school or university building for the purpose of study
or observation.
A.
Any person violating this chapter or Ch. 174, Wis. Stats., shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. This section shall also permit the Village 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.
B.
An owner who refuses to comply with an order issued under § 158-5 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.
