Chapter 158 Animals

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 the applicable license tax and obtain a dog license.

After receiving a license tag, the owner shall securely attach the tag to a collar and a collar with the tag attached shall be kept on the dog for which the license is issued at all times, but this requirement does not apply to a dog securely confined indoors, to a dog while hunting, to a dog securely confined in a fenced area or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner.

No person shall own, harbor, keep, or have possession of a dog or canine crossbreed more than five months old if the dog does not have a valid license. If a dog is primarily and customarily kept in another jurisdiction, a valid, unexpired license issued by that jurisdiction is sufficient for purposes of this section.

Duties of Town Treasurer.

The Town Treasurer, or his or her designee, shall collect from each applicant the license tax in the amount set forth by Town Board resolution for dogs neutered, unneutered, spayed, or unspayed. Furthermore, the Town Treasurer or his or her designee shall collect an additional late fee if the owner:

(a)

Failed to obtain a license prior to April 1 of the applicable license year; or

(b)

Failed to obtain a license within 30 days of acquiring ownership of a licensable dog; or,

(c)

Failed to obtain a license on or before the date the dog reached five months of age.

Notwithstanding Subsection B(1), every dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax.

Upon payment of the required dog license tax and proof of compliance with § 158-2 of this Code relating to rabies immunization, the Town Treasurer or his or her designee shall issue the applicant a dog license and license tag.

Notwithstanding Subsection B(3), the Town Treasurer shall not issue a license to an animal if such animal is being kept in excess of the number of animals allowed by Town Code § 158-3 and the owner does not hold a valid kennel license issued pursuant to Town Code § 158-5.

§ 158-5 Kennel license required; fees.

[Added 10-19-2010 by Ord. No. 10-1-2010[1]]

Kennel license required. No person or entity may keep, harbor, shelter, or possess dogs in a total number exceeding three unless the person or entity holds a kennel license issued by the Town Board. No person or entity may keep, harbor, shelter, or possess dogs and cats in a total number exceeding five unless the person or entity holds a kennel license issued by the Town Board.

License limited to stated premises. No person or entity who holds a kennel license may exceed the animal limitations of § 158-3 at a location other than the premises set forth in a kennel license issued by the Town Board.

Application. A person or entity seeking a kennel license must pay an application fee of $100 to the Town Treasurer. The license application shall be submitted on a form prepared by the Town Clerk, and shall, at a minimum, include the following items:

The street address of the parcel where the proposed kennel would be located;

The full legal name(s) of the person(s) and/or corporate entities with ownership of the parcel;

If the owner(s) of the parcel are not expected to be the day-to-day operators of the kennel, the full legal name(s) of the person(s) with primary responsibility over the day-to-day operation of the proposed kennel;

Mailing addresses and telephone numbers for all persons and entities listed under Subsections C(2) and (3), and dates of birth for all persons listed under Subsections C(2) and (3);

A reasonably specific description of the premises upon which animals are to be kept;

(6)

A statement of the maximum number of dogs and the maximum number of cats for which permission is requested. If permission is requested for more than 12 dogs, the applicant shall pay an additional fee of $5 for each dog in excess of 12 to cover the additional license fees for such animals.

Site inspection prior to issuance. Upon application, the owners and/or operators of the kennel shall permit the Chief of Police access to the proposed kennel premises. After inspection, the Chief of Police shall report to the Town Board whether the proposed kennel premises are suitable for a proper kennel for the number of animals requested without negative effect to the health, welfare, and quiet enjoyment of other Town residents. The Chief of Police may recommend that the Town Board order further inspection by the Building Inspector or any another agency or official prior to granting a license.

Background check prior to issuance. Upon application, the Chief of Police shall investigate the background of the owners and/or operators of the proposed kennel. The Chief of Police shall report to the Town Board whether any of the owners and/or operators have any law violations of record which speak to the ability of the owners and/or operators to provide a proper kennel without negative effect to the health, welfare, and quiet enjoyment of other Town residents.

Notice and public hearing; granting or denial of license. Upon receipt of the recommendations of the Chief of Police, the Town Clerk shall set the matter for a public hearing before the Town Board. In addition to any notices required by state law, the Town Clerk shall mail notice of the hearing to all applicants no later than 14 days prior to the hearing. The Town Clerk shall, no later than 14 days after the Town Board acts on the license application, notify the applicant in writing of the decision of the Town Board. If the license is granted, the Town Clerk may prepare a license document setting forth the name(s) of the licensee(s), the premises for which the license is granted, and the maximum number of dogs and cats permitted.

Zoning provisions remain applicable. In addition to the licensing scheme set forth in this chapter, persons or entities seeking to operate a commercial kennel must abide by all zoning procedures set forth in Chapter 380 of the Town Code. If any provision of this section conflicts with the Zoning Code, the more restrictive provision shall control.

Duties of licensees. Each licensee shall:

Operate the kennel in conformance with the standards of care set forth in Wis. Stats. § 173.41(10)(a) through (i), which are hereby adopted by reference as if set forth here in full. Notwithstanding the foregoing, where the state statute uses the word "dog," the same shall be interpreted to read "dog or cat" for the purposes of this subsection.

Not engage in any act or omission prohibited by Chapter 951 of the Wisconsin Statutes.

Not create, allow, or fail to remedy any nuisance to the quiet enjoyment of other Town residents, including, but not limited to, foul or noxious odors and/or habitual noise such as barking and howling;

Not keep, harbor, shelter, or possess more than the maximum number of dogs or the maximum number of cats allowed by the license.

Otherwise abide by all applicable provisions of the Town Code and Wisconsin Statutes.

Duration of license, renewal. Each license shall be valid for one year. No earlier than three months prior to the expiration of a kennel license, the holder of such a license may file an application for the renewal of such a license. The renewal fee shall be $100. Upon receipt of such an application, the procedures in Subsections D and E of this section relating to site inspection and background check by the Chief of Police shall be carried out with respect to the renewal.

Fee for additional inspections. If additional inspections of the premises are ordered by the Town Board, the licensee shall pay $35 to the Town Treasurer as a fee for each such inspection. This fee shall be paid regardless of whether the additional inspection occurs during the license application period or after a license has been granted.

Modifications.

Minor or technical modifications or corrections to an existing license, including but not limited to a name change due to marriage or court order, may be made upon application to the Town Clerk and at no charge.

The premises upon which the license is applicable and/or the number of animals to be kept may be altered upon application to the Town Clerk, payment of the applicable change fee, building inspection as described in Subsection D, and public hearing as described in Subsection F.

An unexpired license may be transferred to new licensees upon application to the Town Clerk, payment of the applicable change fee, background check as described in Subsection E, and public hearing as described in Subsection F.

§ 158-7 Restrictions on keeping of animals.

If a modification is requested within six months of a license's renewal date, the application shall be treated as a renewal application.

Revocation. The Town Board may, in its discretion, initiate revocation proceedings upon the Board's finding that either the licensee is not meeting one or more of the standards of care set forth in Subsection H; or the kennel is a nuisance or detriment to the health, welfare, and quiet enjoyment of town residents. If the Town Board makes such a finding, the Town Clerk shall set the matter for a public revocation hearing before the Town Board. In addition to any notices required by state law, the Town Clerk shall mail notice of the hearing to the license holder no later than 14 days prior to the hearing.

[1]

Editor's Note: This ordinance also provided for the redesignation of §§ 158-5 through 158-15 as §§ 158-6 through 158-16, respectively.

§ 158-6 Rabies quarantine.

Rabies quarantines may be imposed pursuant to the Wisconsin Statutes.

Restrictions. It shall be unlawful for any person within the Town of Trenton to own, harbor or keep any dog or animal which:

Assaults or attacks any person or destroys any property.

Habitually barks or howls to the annoyance of any person or persons.

Kills, worries or wounds any domestic animal.

Vicious dogs and animals.

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 in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner or keeper other than as hereinabove provided may be impounded or humanely disposed of.

No person shall permit to remain on his premises any animal that is habitually inclined toward unprovoked aggressive behavior unless securely confined to protect the public and in compliance with any permit requirements.

Animals running at large.

No person having in his possession or ownership any animal shall allow the same to run at large within the Town. 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 allowed to run at large may be ordered impounded by any officer in authority.

A dog 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.

§ 158-10 Duty of owner in case of bite.

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, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

Female dogs. Any female dog in season shall be kept confined in a building or secure kennel enclosure, veterinary hospital or boarding kennel during the duration of such season.

Waste products accumulation (defecation). It is unlawful in the Town of Trenton for any person to cause or permit an animal to be on property, public or private, not owned or possessed by such person, unless such person has in his/her possession an appropriate device for scooping excrement and an appropriate depository for the transmission of the excrement to a receptacle located upon property owned or in the possession of such person. Persons who forget to carry such receptacle shall in a reasonable amount of time be allowed to retrieve said receptacle, return and remove the excrement. This subsection shall not apply to a person who is visually or physically handicapped. (Note: Reasonable time periods will vary upon circumstance.)

§ 158-8 Impoundment.

Animal control agency. The Town of Trenton does hereby delegate any such animal control agency the authority to act as a deputized dog licensing official pursuant to the provisions of § 158-2.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any law enforcement or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Town; assaults or attacks any person; is at large within the Town; 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 subsection or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation.

Town not liable for impounding animals. The Town and/or an animal impoundment facility shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 158-9 Dogs restricted on cemeteries.

No dog 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 other animal who knows that such dog or other animal has bitten any person may be reported to the Town Chief of Police and shall keep such dog or other animal confined for not less than 10 days or for such period of time as the Town Chief of Police shall direct. The owner or keeper of any such dog or other animal shall surrender the dog or other animal to a law enforcement or humane officer upon demand for examination.

§ 158-11 Providing proper food and drink.

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.

§ 158-12 Providing proper shelter.

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 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 shelter shall include:

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.

Shelter from inclement weather.

(a)

Animals generally. 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.

(b)

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 space 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.

§ 158-13 Neglected, abandoned or injured 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 standards. 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.

Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement 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 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.

§ 158-15 Protected animals; wild animals.

Section 173.10, Investigation of cruelty complaints, and § 173.24, Reimbursement of expenses, 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 of a violation of this subsection, the procedures in Ch. 951, Wis. Stats., shall be applicable.

§ 158-14 Cruelty to animals and birds.

Acts of cruelty prohibited. No person except a police officer or health or humane officer in the pursuit of his duties shall, within the Town, 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 Town 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 listed in § 961.14, Wis. Stats., 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 to the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.

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 bur, tack bur or like device, or a poling device used to train a horse to jump which is charged with electricity or to which have 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.

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 Town of Trenton 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).

Exceptions. The provisions of this Subsection A shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute 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 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 Town of Trenton 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 Town 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); and siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

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)

Wild pigs and boars.

(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)

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

(22)

Rhinoceroses (Rhinocero tidae).

(23)

Sharks (class Chondrichthyes).

(24)

Snow leopards (Panthera uncia).

(25)

Tigers (Panthera tigris).

(26)

Wolves (Canis lupus).

(27)

Poisonous insects.

Exceptions; animal permit.

The prohibitions of Subsection B above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; a temporary display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; or licensed pet shops.