[HISTORY: Adopted by the Common Council of the City of Waterloo 1-16-2014 by Ord. No.
2014-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 261.
Parks and recreation — See Ch. 273.
Peace and good order — See Ch. 278.
[1]
Editor's Note: This ordinance also repealed former Ch.
126, Animals, adopted 10-19-1987 by Ord. No. 87-6 as §§ 9.10,
9.11, 9.13, 12.11 and 12.15 of the 1987 Code, as amended.
No person having in his possession or under his control any
animal or fowl shall allow the same to run at large within the City.
No person shall keep or maintain any poultry or fowl or any
livestock, such as horses, cattle, sheep or goats, in any zoning district
except agricultural districts, except that ponies and horses may be
permitted in any residential district as a conditional use, provided
that the residential parcel contains at least two acres of land which
is designated "floodplain" per animal available for pasture, maintenance
or running of said animal, and further provided that any such animals
are contained within a fence, no part of which is closer than 200
feet to any residence other than the residence of the owner of the
animals.
A.
Pet littering prohibited. No person owning, keeping, possessing or
harboring an animal as a pet shall allow such animal to dig upon,
soil, defile, defecate on or commit any nuisance on any private or
public property.
B.
Repair and removal required. Any person owning or having control of an animal kept as a pet on any property, public or private, which is not owned or occupied by such person shall promptly remove, in a sanitary manner, excrement left by such animal and place it in a proper receptacle or bury the same on property owned or occupied by such person, and, to the extent any such pet may have littered or damaged property as described in Subsection A above, the person having control of said animal shall immediately repair and restore the area damaged by such pet.
C.
Means of transmittal required. Any person causing or permitting an
animal to be on any property, public or private, not owned or occupied
by such person shall have in his immediate possession a device or
object suitable for removal of excrement (pooper scooper) together
with a depository for the transmission of excrement to the property
owned or occupied by such person.
A.
Dog license required. It shall be unlawful for any person in the
City to own, harbor or keep any dog more than five months of age without
complying with the provisions of this section and §§ 174.05
through 174.10, Wis. Stats., relating to the listing, licensing and
tagging of the same.
C.
Late fees. The Clerk-Treasurer shall assess and collect a late fee,
as stated in the City of Waterloo Fee Schedule, from every owner of
a dog five months of age or older 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 before the dog reached licensable age.
D.
Kennel license option. The owners of kennels may opt to pay a kennel license fee as stated in the City of Waterloo Fee Schedule in lieu of the fees provided in Subsection B above, and the Clerk-Treasurer shall issue tags for each dog owned by the kennel owners. No kennel may be located in a residential district.
E.
Rabies vaccination required. It shall be unlawful for any person
to keep a dog in the City which is over five months of age and has
not received a rabies vaccination as required by § 95.21(2),
Wis. Stats. No dog license shall be issued until a certificate of
rabies vaccination issued by a veterinarian has been presented. A
rabies vaccination tag shall be attached to the collar of all licensed
dogs at all times, except as provided in § 95.21(2)(f),
Wis. Stats.
F.
AT LARGE
KENNEL
OWNER
Definitions. In this section, unless the context or subject matter
otherwise requires, the terms used shall be defined as follows:
No person shall allow any animal to run at large on or off
the property of the owner, unless it is controlled by a leash not
to exceed 10 feet or said person is able to control that animal on
the owner's property without a leash. A dog at large on the property
of another with consent of that owner shall have the same requirements
as if it is on the owner's property. If control on the owner's
property, or another's property with consent, is voice control,
the owner or a person of suitable age and discretion to exercise control
must be present and able to control it.
Any establishment wherein dogs are kept for the purpose of
boarding, breeding, sale or sporting purposes.
Owning, possessing, harboring or keeping a dog, no matter
the duration.
G.
Restrictions on keeping of dogs. It shall be unlawful for any person
within the City to own, harbor or keep any dog which:
(1)
Habitually pursues vehicles upon any street, alley or highway.
(2)
Molests passersby or assaults or attacks any person without provocation.
(3)
Is at large within the limits of the City.
(4)
Habitually barks or howls to the annoyance of any person or persons.
This subsection shall not apply to hospitals conducted for the treatment
of small animals or to the premises occupied or used by the City Pound.
(5)
Kills, wounds, or worries any domestic animal.
(6)
Urinates or defecates on public property or other private property.
In the event the animal defecates on another's land or any public
right-of-way, the owner shall immediately remove the feces in a sanitary
manner.
(7)
Has been deemed to be a vicious animal in another jurisdiction.
(8)
Is attached to a vehicle or bicycle while it is in motion.
(9)
Damages property of another without consent.
H.
Dogs running at large and untagged dogs.
(1)
Dogs running at large. A dog is considered to be running at large if it is not under the control of the owner or some other person, as defined in Subsection F above.
(2)
Untagged dogs. A dog is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the dog whenever
the dog is outdoors unless the dog is securely confined in a fenced
area.
(3)
Dogs subject to impoundment. Police officers shall attempt to capture
and restrain any dog running at large and any untagged dog.
(4)
Penalties. If the owner of a dog, negligently or otherwise, permits
the dog to run at large, or permits a dog to be untagged, the owner
shall forfeit $30 for the first offense and $50 for subsequent offenses
within a twelve-month period.
I.
Impounding and disposition of dogs.
(1)
Impounding of dogs. A police officer or other person restraining
a dog running at large shall take such animal to the City Pound. The
police officer shall attempt to identify and notify the owner and
shall keep a public record of all such dogs impounded.
(2)
Release of dog to owner or representative. The police officer may
release the dog to the owner or his representative if:
(3)
Release of dog to person other than owner. If the owner of the dog
is unknown or does not reclaim the dog within seven days, the police
officer may release the dog to a person other than the owner if such
person:
J.
Number of dogs per household limited. No person, except a kennel
licensee, shall own, harbor or keep more than three dogs that are
more than five months of age, except in a place or places where animals
are impounded or restrained, as specified in this section. If a total
of more than three dogs is owned, harbored or kept in or by any one
household, the head of the household shall be deemed the person so
owning, harboring or keeping such animals, notwithstanding that the
dog license or licenses may be issued to other members of the household
as owners of such dogs.
K.
Penalties. In addition to other penalties provided in this section,
a dog owner who fails to have a dog vaccinated against rabies, as
provided in this section, shall, upon conviction, forfeit not less
than $50 nor more than $100.
A.
Duty to report animal bite. Every person, including the owner or
person harboring or keeping a dog, cat or other animal, who knows
that such animal has bitten any person shall immediately report such
fact to the Police Department.
B.
Quarantine or sacrifice of animals suspected of biting a person or
being infected with rabies.
(1)
Quarantine or sacrifice of animal. A police officer may order a dog,
cat or other animal quarantined if he has reason to believe that the
animal bit a person, is infected with rabies or has been in contact
with a rabid animal. If quarantine cannot be imposed because the animal
cannot be captured, the officer may kill the animal. The officer may
kill an animal 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)
Quarantine order. If a quarantine is ordered, the owner of the dog,
cat or other animal shall be subject to the provisions of § 95.21(5),
(6) and (8), Wis. Stats.
C.
Setting animals at large prohibited. No person shall open any door
or gate of any private premises for the purpose of setting any dog,
cat or other animal at large, except the owner of such animal.
D.
Refusal to comply with quarantine order. An owner of a dog, cat or
other animal who refuses to comply with an order issued under this
section to deliver the animal to a police officer, the pound designated
by the Council, or veterinarian, or who does not comply with the conditions
of an order that the animal be quarantined, shall, upon conviction,
forfeit not less than $100 nor more than $1,000 and, on default, be
imprisoned for not more than 60 days pursuant to § 95.21(10)(b),
Wis. Stats.
A.
VICIOUS DOG
(1)
(2)
(3)
(4)
Definitions. The terms used in this section are defined as follows:
Any dog with a propensity, tendency or disposition to attack,
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.
Any dog which attacks a human being or another domestic animal
without provocation.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
Any dog that damages property of another without consent.
B.
Requirements and prohibitions.
(1)
Leash and muzzle. No person owning, 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. A vicious dog shall not be required to be muzzled
when shown either in a sanctioned American Kennel Club show or upon
prior approval of the Police Chief.
(2)
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(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 City. 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 or patio
or in any part of a house or structure that would allow the dog to
exit the building on its own 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)
Signs. All owners, keepers or harborers of vicious dogs shall, within
15 days of the effective date of this section, display in a prominent
place on their premises a sign easily readable by the public using
the words "Beware of Dog." A similar sign is required to be posted
on the kennel or pen of the dog.
C.
Vicious dog determination. The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection A above. In the event the Police Chief makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
F.
Disposition of vicious dogs. Any vicious dog which attacks a human
being or domestic animal may be ordered destroyed by a police officer
or humane officer when, in the judgment of a court of competent jurisdiction,
the dog represents a continuing threat of serious harm to human beings
or domestic animals.
Except as otherwise specifically provided in this chapter, any
person who shall violate any provision of this chapter or any order,
rule or regulation made hereunder shall be subject to a forfeiture
as provided. First offense shall be a forfeiture of $50 plus court
costs and penalty assessments. Second offense shall be a forfeiture
of $100 plus court costs and penalty assessments. Third and subsequent
offenses shall be a forfeiture of $200 plus court costs and penalty
assessment.
[Added 8-7-2014 by Ord. No. 2014-06]
A.
CAREGIVER
VETERINARIAN and LICENSED VETERINARIAN
VIETNAMESE POTBELLIED PIG and POTBELLIED PIG
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person who, in the absence of the owner, temporarily
harbors, shelters, keeps, or is in charge of caring for a potbellied
pig.
A person that has graduated from an accredited college of
veterinary medicine and is licensed to practice veterinary medicine
in the State of Wisconsin.
Purebred Vietnamese potbellied pigs kept indoors as domesticated
household pets.
B.
Ownership of one Vietnamese potbellied pig is allowed, on the owner's
premises, as long as all of the following requirements are met:
(1)
The animal is neutered/spayed by no more than three months of age.
(2)
A license is obtained through the Municipal Clerk's office.
To obtain a license, all of the following criteria must be met:
(a)
The animal has been examined by a licensed veterinarian within
a period of 30 days prior to a new, or renewal, license application
being filed.
(b)
The animal has received all required and recommended vaccinations
and boosters, including rabies, and the animal is healthy and free
of contagious disease.
(c)
A veterinarian has provided a signed certificate stating he/she
has examined the animal; has given the required vaccinations; and
has removed or trimmed the animal's tusks, if any, as to not
endanger any person or animal.
(d)
The animal is registered through the North American Potbellied
Pig Association (NAPPA). A completed, and approved, registration certificate
or form must be submitted to the Clerk's office when applying
for a license.
C.
Licensing. It shall be unlawful for any person to keep a Vietnamese
potbellied pig in the City which has not received a current rabies
vaccination and is unlicensed.
E.
Prohibited activities. Commercial activities, such as breeding and
selling, of Vietnamese potbellied pigs is prohibited.