Village of New Glarus, WI Animals

Editor's Note: Original Sec. 7-1-1(a), License required, which immediately preceded this section, was deleted 7-1-2003 by Ord. No. 03-04.

§ 101-2 Rabies vaccination.

Required. 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 New Glarus after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the Village unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.

[Amended 7-1-2003 by Ord. No. 03-04]

Issuance of certificate of 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 Village stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, and the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the United States Department of Health and Human Services and the Village.

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.

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.

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.

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.

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.

§ 101-3 Dog and kennel licenses.

Dog licenses.

It shall be unlawful for any person in the Village of New Glarus to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

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.

The license fee under this section shall be as set by the Village Board. The license year shall commence January 1 and end December 31.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 101-2 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, the name of the county in which issued and the license year.

The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 101-2E.

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 Village police or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

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 Village Clerk-Treasurer upon application therefor.

[1]Kennel license.

[Added 1-17-2006 by Ord. No. 05-09; amended 4-19-2011 by Ord. No. 11-01]

The term "kennel" means a commercial establishment wherein or whereon three or more dogs are kept for the purpose of breeding and selling.

Kennels may only be located in commercial-zoned areas following a public hearing and approval by the Village Board utilizing the conditional use procedures prescribed in the Municipal Code for the Village. The Village Board may attach conditions to such approval as a conditional use under the Village’s Zoning Code.

Conditional use permits issued for the purpose of operating a kennel shall be renewed every two years, using the same process as required for the initial conditional use. The fee for the two-year conditional use for operation of a kennel shall be $150.

A condition of the kennel license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant and the application for a permit hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any permit issued hereunder and shall be deemed a violation of this section. Should any permitted premises be found to constitute a public nuisance, i.e., barking dogs and/or dogs running at large, the permit shall be revoked and the nuisance abated pursuant to Village ordinances.

Editor’s Note: Former Subsection B, Multiple pet permits, was repealed 4-19-2011 by Ord. No. 11-01.

§ 101-4 Late fees.

[Amended 7-1-2003 by Ord. No. 03-04]

A late fee as set by the Village Board shall be assessed by the collecting official from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog, or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.

§ 101-5 Rabies quarantine.

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.

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.

Animal suspected of biting a person or being infected or exposed to rabies.

Dog or cat. A Village law enforcement or animal control officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

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.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine on premises of owner. A Village law enforcement or animal control 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.

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.

Risk to animal health.

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.

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 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.

Destruction 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.

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 Village, the veterinarian or local health department who or which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

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 Village, 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.

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.

§ 101-6 Restrictions on keeping animals.

It shall be unlawful for any person within the Village of New Glarus to own, harbor or keep any dog or cat which:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 101-12.)

Kills, wounds or worries any domestic animal.

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.

In the case of a dog, is unlicensed.

Vicious animals.

Vicious dogs.

[Amended 4-19-2011 by Ord. No. 11-01]

Definitions of vicious dog:

Any dog or dog-hybrid with a propensity, tendency or disposition to attack, assault, cause injury or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.

[2]

Any dog or dog-hybrid which has attacked a human being or another animal without provocation.

[3]

Any dog or dog-hybrid owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Determination. The Police Department shall investigate every dog complaint and make a determination as to whether or not a dog is "vicious," as defined in Subsection B(1)(a) above. In the event the department makes a determination that a dog is "vicious," they shall inform the owner or keeper of such dog and provide such person with a copy of this section.

(c)

Appeal. Any person aggrieved by the determination of the police department may appeal such determination to the Village Public Safety Committee. Notice of intent to appeal shall be filed within 10 days of the notice of determination. Failure to file such notice shall act as an acceptance of said determination.

(d)

Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection B(1)(b) above, or 10 days after an unsuccessful appeal under Subsection B(1)(c) above, the owner of a vicious dog shall either comply with all provisions of this section or dispose of such dog or remove it from the Village.

(e)

Disposition of vicious dogs. Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a peace officer or humane officer upon an order issued by a court pursuant to § 174.02(3), Wis. Stats.

(f)

Requirements and prohibitions.

Leash and muzzle. No person owning, harboring or harboring or having the care of a vicious dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts and buildings. A vicious dog on a leash outside the dog's kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals.

[2]

Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen kennel, except when leashed and muzzled as provided in Subsection B(1)(f)[1] above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

[3]

Confinement indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its volition. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

[4]

Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.

[5]

The keeping of any dog or dog-hybrid owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting is prohibited.

[6]

Signs. All owners or keepers of vicious dogs shall display in a prominent place of their premises a sign easily readable by the public with letters not less than two inches in height stating "Danger - Vicious Dog." A similar sign is required to be posted on the kennel or pen of the dog.

[7]

Insurance. All owners or keepers of vicious dogs or hybrid dogs shall provide proof to the Village Administrator of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or for the damage to property owned by any person which may result from the ownership, keeping or maintenance of vicious dogs or hybrid dogs. The insurance policy shall provide that no cancellation of the policy will be made unless 10 days' written notice is first given to the Village Administrator. The owner or custodian of the dog shall produce evidence of the required insurance upon request of a law enforcement officer. This subsection does not apply to dogs kept by law enforcement agencies.

(g)

Penalty. Any person who violates any provision of this section shall, upon conviction, be subject to payment of forfeiture, as provided in Chapter 21 of this Code. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.\

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.

Animals running at large.

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 or law enforcement officer or animal control officer.

A dog or cat shall not be considered to be running at large if it is on a leash not to exceed 10 feet in length and under control of a person physically able to control it or if it remains on the property of its owner.

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.

§ 101-7 Impoundment.

Animal control agency.

The Village of New Glarus may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.

The Village of New Glarus does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a Village law enforcement or animal control 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.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a Village law enforcement or animal control officer, the animal shall be impounded. After the officer has taken such animal into his possession, the officer shall notify the owner, personally or through the United States Mail, if such owner is known to the officer or can be ascertained with reasonable effort, but, if such owner is unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner, provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 101-8 Dogs and cats restricted in cemeteries and parks. [1]

No dog or cat shall be permitted in any public cemetery or park. Every dog specially trained to assist disabled persons shall be exempt from this section.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 101-9 Duty of owner in case of dog or cat bite.

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 Police Department and shall keep such dog or cat confined for not less than 10 days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.

§ 101-10 Animal feces.

The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.

§ 101-11 Injury to property.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

§ 101-12 Barking or howling.

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 materially to 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 Chief of Police within a four-week period.

§ 101-13 Prohibited and protected animals.

Protected animals.

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), gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas) or Mexican ridley turtle (lepidochelys kempi).

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).

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.

The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or by any person or organization licensed to present a circus.

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, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any of the following animals, reptiles or insects:

All poisonous animals and reptiles, including rear-fang snakes.

Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilia), 30 inches in length or more.

(8)

Constrictor snakes.

(9)

Coyotes (Canis latrans).

(10)

Deer (Cervidae); includes all members of the deer family; for example, whitetailed deer, elk, antelope and moose.

(11)

Elephants (Elephas and Loxodonta).

(12)

Ferret.

(13)

Game cocks and other fighting birds.

(14)

Hippopotami (Hippopotamidae).

(15)

Hyenas (Hyaenidae).

(16)

Jaguars (Panthera onca).

(17)

Leopards (Panthera pardus).

(18)

Lions (Panthera leo).

(19)

Lynxes (Lynx).

(20)

Monkeys, old world (Cercopithecidae).

(21)

Ostriches (Struthio).

(22)

Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

(23)

Rhinoceroses (Rhinocero tidae).

(24)

Snow leopards (Panthera uncia).

(25)

Tigers (Panthera tigris).

(26)

Wolves (Canis lupus).

(27)

Poisonous insects.

(28)

Except on properly zoned farms, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code.

Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment, agricultural fairs, shows or projects of the 4-H Clubs, a display for judging purposes, an itinerant or transient carnival, circus or other show, dog or cat shows or trials, public or private educational institutions, licensed pet shops, zoological gardens or miniature golf courses, if:

Their location conforms to the provisions of the Zoning Ordinance of the Village.[1]

Editor's Note: See Ch. 305, Zoning.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept.

§ 101-14 Sale of rabbits, chicks or artificially colored animals.

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.

Requirements for sales.

No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.

No retailer, as defined in § 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity fewer than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.

§ 101-15 Proper care of confined animals.

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.

The food shall be sufficient to maintain all animals in good health.

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.

§ 101-16 Shelter standards.

Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

Indoor standards. Minimum indoor standards of a shelter shall include:

Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

Outdoor standards. Minimum outdoor standards of a shelter shall include:

Shade 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.

Protection from inclement weather.

All animals. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.

Space standards. Minimum requirements for both indoor and outdoor enclosures shall include:

Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

Sanitation. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

§ 101-17 Neglect, abandonment and injury.

Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement officer or animal control 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.

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.

Whenever in the opinion of any such officer or animal control 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.

Section 173.10, Investigation of cruelty complaints, and § 173.24, Expenses of investigation, of the Wisconsin Statutes, are hereby adopted by reference and made a part of this chapter.

Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the Village or any animal control agency with which the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.

§ 101-18 Cruelty to animals and birds.

Acts of cruelty prohibited. No person except a law enforcement officer or animal control 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 bird's nest or bird's eggs.

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.

Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance included in Schedule I, II, III, IV or V of Ch. 961, Wis. Stats., or any controlled substance analog of a controlled substance in Schedule I or II of Ch. 961, whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.

[Amended 7-1-2003 by Ord. No. 03-04]

Use of certain devices prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle burr, tack burr or like device, or a poling device used to train a horse to jump which is charged with electricity or to which has been affixed nails, tacks or other sharp points.

Shooting at caged or staked animals. No person may instigate, promote, aid or abet, as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon of any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

§ 101-19 Limitation on number of dogs.

Purpose. The keeping of a large number of dogs within the Village of New Glarus 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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DOG

Any canine, regardless of age or sex.

FAMILY

One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family.

[Amended 7-1-2003 by Ord. No. 03-04]

RESIDENTIAL LOT

A parcel of land 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.

Limitations.

[Amended 8-17-2010 by Ord. No. 10-07; 4-19-2011 by Ord. No. 11-01]

No person or 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 12 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.

The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 101-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.

Any person or family which has a valid multiple pet permit or conditional use approval for more than three dogs at the time of adoption of this subsection can maintain the number of dogs approved on the permit, so long as they remain in compliance with the terms and conditions of said permit, until they come into compliance the limit established in this section. No new dogs may be obtained. Said permit shall be renewed every two years as necessary. The fee for said permit shall be $50 and shall be paid with the submittal of each renewal.

A condition of renewal of the multiple pet permit shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant and the application for a permit hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any permit issued hereunder and shall be deemed a violation of this section. Should any permitted premises be found to constitute a public nuisance, i.e., barking dogs and/or dogs running at large, the permit shall be revoked and the nuisance abated pursuant to Village ordinances.

§ 101-20 Trapping of animals on public lands.

In the interest of public health and safety, it shall be unlawful for any person in or on Village-owned land within the Village of New Glarus 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.

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.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as it relates to trapping.

This section shall not apply to trapping on private property.

Nothing in this section shall prohibit or hinder the Village of New Glarus or its employees or agents from performing their official duties.

§ 101-21 Keeping of chickens.

[Added 4-3-2012 by Ord. No. 12-03]

Chickens allowed. Within the Village limits of New Glarus, female chickens (hens) are allowed on lots with single-family dwellings.

Roosters not allowed. Roosters are not allowed within the Village limits of New Glarus.

Maximum number of hens. The maximum number of hens depends on the lot size:

For lots under 1/2 an acre, there may be up to five hens.

For lots under one acre and over 1/2 an acre, there may be up to seven hens.

For lots over one acre, there may be up to 10 hens per acre of land.

No slaughtering. There will be no slaughtering of chickens within the Village limits of New Glarus, except on properties zoned and approved for such use.

Bird fighting. Raising or keeping of hens for fighting and the fighting of hens and other fowl is not allowed within the Village of New Glarus as per § 951.08, Wis. Stats.

Chicken feed. All food must be kept in airtight containers that are out of reach for wild animals.

Chicken coops. Hens must be provided with a building structure that houses them and follows the following rules:

Hens must be provided at least three square feet of floor space each.

A coop must have minimum dimensions of two feet long by two feet wide by four feet tall.

There must be at least one nesting box per hen.

Coops must include elevated perches to ensure chickens are able to rest in their natural position.

Coops must be structurally sound insulated, moisture proof and kept in good repair.

Coops must have vents to insure proper ventilation during all times of the year.

There must be a minimum of one foot of window for each 10 feet of wall space.

(8)

Coops must be cleaned daily and the waste must be properly disposed of according to Chapter 257 in the Village Code.

(9)

During the winter months:

Windows must be covered with plastic to minimize drafts.

Heating lamps or other technology may need to be provided to keep the coop at the proper temperature of no less than 40º F.

(c)

Water must not be frozen in the winter.

(10)

Coops must provide access to the chicken run.

(11)

No coop shall be located closer than 25 feet to any residential structure on an adjacent lot. Coops must be located in the rear yard of the property or non-address side yard on corner lots.

Chicken runs. The chickens must be provided with an outdoor fenced structure in which to run around.

Hens must be provided with at least six square feet of space each in the run.

The minimum dimensions are two feet wide by two feet long by three feet tall.

The fencing must have spacing of no more than one inch.

The top of the run must be covered with fencing with spacing of one inch or less.

The fencing should be buried a foot under the ground if the run is not mobile.

During the winter months:

The run must be surrounded by heavy plastic on all sides.

The top of the run must be covered in heavy plastic.

General care requirements. Chickens must be properly cared for.

Food must be provided daily and must be proper for chickens in accordance with § 951.13.(1), Wis. Stats.

Clean water must be provided at all times and changed daily in accordance with § 951.13.(2), Wis. Stats.

Application process. Applications will be submitted to the Village Clerk's office and must contain the following:

Show the desired location for the coop and run on a scaled drawing of the lot. The drawing shall include dwelling units on properties within 100 feet of the proposed coop location and shall be approved by the Building Inspector.

Provide the design for the desired coop along with proof of the building permit for the building of the same.

All properties on which chickens kept must be properly registered with the Wisconsin Department of Agriculture, Trade and Consumer Protection. A copy of the proof of registration must accompany the application.

Application fee of $20 plus first annual license fee of $20.

Licenses and fees.

Licenses are for a one-year term beginning January 1 of each year.

License fee is $20 annually and will not be prorated for any portion of a year plus the one-time application fee of $20.

Licenses not renewed by March 1st will be assessed a late fee of $10.

Renewal process. All licenses must be renewed on an annual basis prior to January 1 of each year. License renewals will be submitted to the Village Clerk's office and shall include:

Current proof of registration with the Wisconsin Department of Agricultural, Trade and Consumer Protection.

Annual fee.

Penalties.

General complaints. This includes noise complaints and nuisance complaints and others.

First offense: A warning will be given to the permit holder that if similar complaints continue, a fee will be assessed as well as the potential loss of a license.

Second offense: A fee of $50 will be assessed on the part of the permit holder.

(c)

Third offense: The license of the permit holder will be revoked for 12 months and a fine of $200 would be assessed.

Animal cruelty violations. These consist of but are not limited to inadequate food or water, dirty coop, improper temperature conditions for the birds, sick or unhealthy birds, and improper size coop.

First offense: A warning would be given with the order to fix the problem within a week or to provide proof of a start to fix the problem.