The purpose of this chapter is to provide for
the health, welfare, and safety of the residents of the City of Oconto
Falls by restricting the types of animals that may be housed within
the City, limiting the number of domesticated animals that may be
domiciled within any single household, setting a standard of care
for animals and pets, providing for quarantining of diseased animals
and authorizing law enforcement and animal control officers to enforce
municipal ordinances relating to the licensing and regulation of animals.
[Amended 8-12-2008 by Ord. No. 08-004; 2-10-2015 by Ord. No. 15-002; 7-11-2023 by Ord. No. 23-004]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CHICKEN
Any variety of domesticated chicken breed of the subspecies
Gallus (gallus domesticus).
COLLAR
A band, strip or chain placed around the neck of an animal.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
HEN
Female domesticated chicken of any age.
KENNEL
An establishment where dogs are bred, trained or boarded.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane or animal control officer under § 173.03,
Wis. Stats., but does not include a conservation warden appointed
under § 23.10, Wis. Stats.
NEUTERED
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog, cat, or other
animal and the occupant of any premises on which, a dog, cat or other
animal remains or to which it customarily returns daily for a period
of seven days; such person is presumed to be harboring or keeping
the dog, cat or other animal within the meaning of this chapter.
PET
An animal kept and treated as a domesticated or household
pet.
RESIDENTIAL LOT
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted, and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
RESTRAINED
Includes notifying the dog's or cat's owner or
an officer and requesting either the owner or officer to capture and
restrain the dog, cat, or other animal or capturing and restraining
the dog, cat or other animal and killing the dog, cat or other animal
if the circumstances require immediate action.
ROOSTER
A male domesticated chicken of any age, including a capon
or otherwise neutered male chicken.
SERVICE ANIMAL
Any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with
a disability, including but not limited to guiding individuals with
impaired vision, alerting individuals with impaired hearing to intruders
or sounds, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items. Reference: Americans with Disabilities
Act § 36.104.
SONGBIRD
A bird with a musical call, especially a passerine belonging
to the group that includes larks, finches, and thrushes. Suborder
Oscines.
UNTAGGED
Not having a valid license tag attached to a collar kept
on the dog.
WILDLIFE
Any wild animals, birds, or other living things living in
a natural undomesticated state.
The provisions of § 95.21, Wis. Stats.,
relating to rabies control, and Chs. 173, 174 and 951, Wis. Stats.,
as amended from time to time, are hereby adopted and incorporated
by reference.
[Amended 2-10-2015 by Ord. No. 15-002; 7-11-2023 by Ord. No. 23-004]
A. Restrictions. It shall be unlawful for any person within the City
of Oconto Falls to own, harbor or keep any dog, cat or chicken which:
(1) Habitually pursues any vehicle upon any public street, alley, highway,
or park in the City.
(2) Assaults or attacks any person as described in Subsection
B or destroys property.
(3) Is at large within the corporate limits of the City.
(4) Habitually barks or howls to the annoyance of the population.
(5) Kills, wounds, or endangers 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.
(8) Is an unlicensed chicken.
B. Vicious dogs and animals.
(1) No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, 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.
(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 motor vehicles, passing public, or bicyclists.
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 City. 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 shall be seized and impounded by an 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 or is trained and in the immediate company of a person to whom
it immediately responds and obeys (e.g., a dog playing a game of fetch
in a field or walking alongside its owner or a member of the owner's
immediate family), if such person is over the age of 12 years.
(3) Other exceptions may be made for animals such as homing pigeons as
long as they do not endanger the safety of the citizens of Oconto
Falls.
(4) A service animal (as defined in §
168-2) shall not be considered running at large whether or not the animal is on a leash if the animal is in the immediate company of the owner or immediately responds and obeys (e.g., a dog playing a game of fetch in a field or walking alongside its owner, a member of the owner's immediate family or the assisting individual of the service animal's owner).
D. Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, beach, or swimming area within the City. Dogs and cats are prohibited from being in cemeteries. All service animals (as defined in §
168-2) are exempt from this subsection.
[Amended 8-12-2008 by Ord. No. 08-004]
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 such period
of time as a law enforcement officer or animal control officer shall
direct. The owner or keeper of any such dog or cat shall surrender
the dog or cat to a law enforcement, health, or animal control officer
upon demand for examination.
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 or 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.
[Amended 7-11-2023 by Ord. No. 23-004]
A. 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 City of Oconto
Falls any of the following animals, alive or dead, or any part or
product thereof: all wild cats of the family Felidae, polar bear (Thalarctos
maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), or alligator,
caiman or crocodile of the order of crocodilia, gray or timber wolf
(Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), or Mexican ridley
turtle (Lepidochelys kempi).
B. 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).
C. Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into the City of Oconto Falls
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.
D. Exceptions. The provisions of Subsection
A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institution of higher learning, or persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
E. Prohibition on keeping wild animals. It shall be unlawful for any
person to keep, maintain or have in his possession or under his control
within the City of Oconto Falls any poisonous reptile or any other
dangerous or carnivorous wild animal, insect or reptile or 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 City any of the following animals,
reptiles or insects:
(1) All poisonous animals and reptiles, including rear-fang snakes.
(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla),
orangutans (Pongo) and siamangs (Syinphalangus).
(3) Baboons (Papoi, Mandrillus).
(6) Cheetahs (Acinonyx jubatus).
(7) Crocodilians (Crocodilia), 20 inches in length or more.
(8) Constrictor snakes, three feet in length or more.
(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)
Gamecocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(17)
Leopards (Panthera pardus).
(20)
Monkeys, old world (Cercopithecidae).
(22)
Piranha fish (Characidae).
(23)
Pumas (Felis concolor), also known as cougars, mountain lions
and panthers.
(24)
Rhinoceroses (Rhinocero tidae).
(25)
Sharks (class Chondrichthyes).
(26)
Snow leopards (Panthera uncia).
(27)
Tigers (Panthera tigris).
(31)
Except in properly zoned districts, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens, alligators or any animal raised
for fur-bearing purposes unless otherwise permitted elsewhere in this
Code.
F. Exceptions; pet shops. The prohibitions of Subsection
E 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; or zoological gardens if:
(1) Their location conforms to the provisions of Chapter
480, Zoning, of the City Code.
(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, unless a special permit is obtained from the City. Exception: Chicken coops may be within 10 feet of buildings; must comply with Chapter
480, Article
XI, Accessory Uses and Structures.
G.
Licensing and keeping
of chickens. Chickens (hens only) may be kept in accord with the following
requirements and standards:
A. License. Prior to establishing the use, a license shall be obtained
from the City Clerk for the keeping of chickens and the construction
of the coop and related fencing. The application for the license shall
include a location sketch of the coop and fencing, showing property
lines and nearby structures. A fee shall be paid with submittal of
the application in accord with the City's Fee Schedule.
B. Limitation.
(1)
No person or persons may keep more than six chickens, or any
combination of those exceeding six in number, per dwelling unit. Chickens
shall be hens only; no roosters.
C. Shelter and fencing. (See also City Code §
480-83, Accessory structure.) Chickens shall be kept in a coop and shall have an adjacent fence-enclosed area. The coop and fenced area shall be located in the rear yard only. The coop and fenced area shall not exceed 50 square feet in area or eight feet in height. The coop and fenced area shall not be closer than 10 feet to any lot line. Such facilities shall not conflict with any public or private utilities, drainage facilities or any easements related thereto.
D. Public nuisance. Keeping Chickens shall not cause a public nuisance
due to noise, odors, unsanitary conditions or any operational features.
The City may take enforcement actions as necessary to abate any public
nuisances in accord with public nuisance ordinance.
E. Personal use only. The keeping of chickens shall be for the personal
use of the owner. There shall be no business operations wherein the
owner receives any compensation or trade for eggs, meat or the sale
of chickens.
F. Deed restrictions or covenants. It shall be the property owner's
responsibility to verify that keeping of chickens are permitted uses
in any deed restrictions or covenants applicable to the subject property.
G. Penalty. Any person who violates this section shall be subject, on
conviction, to a forfeiture in the amount of not less than $50 nor
more than $500, plus costs and fees imposed by law. Each day a violation
continues or occurs shall constitute a separate offense. Repeated
or ongoing violations may result in destruction of chickens.
State law reference(s) — See Title 1, General
Provisions, Ch. 1-1, Art. III.
[Amended 7-11-2023 by Ord. No. 23-004]
A. Proper care. 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. Feeding. The food shall be sufficient to maintain all animals in
good health.
C. Watering. 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.
[Amended 7-11-2023 by Ord. No. 23-004]
No person owning or responsible for the care of any animal may
fail to provide the animal with the proper shelter required for the
species of animal possessed, including:
A. Shelter from inclement weather.
B. Shelter from direct sunlight.
C. Ambient temperatures that are compatible with the health of the animal.
E. Sanitation standards that include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
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.
[Amended 8-12-2008 by Ord. No. 08-004; 7-11-2023 by Ord. No. 23-004]
A. Maximum number. It shall be unlawful to keep more than three animals
of any species over six months of age in any one household or in any
multifamily building. Excepted are litters of offspring from one female
dog or cat which may be kept for not more than 16 weeks from birth.
B. Exceptions. The limitation of dogs within a multifamily building
may be exceeded by the ownership or control of a service dog.
[Amended 7-11-2023 by Ord. No. 23-004]
It shall be the responsibility of all municipal law enforcement
officers and appointed humane or animal control officers to enforce
the provisions of this chapter. Persons enforcing this chapter shall
have the right to detain the animals of persons violating this chapter.
Upon conviction, the court may order the destruction of said animals.
All fees associated with detaining and destroying said animals are
the responsibility of the owner.