[HISTORY: Adopted by the Village Board of the Village of Westfield as Title 6, Ch. 1 and § 4-7-5 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 376.
Peace and good order — See Ch. 381.
A. 
License required. No dog shall be permitted to be or remain in the Village without being licensed as hereinafter provided.
B. 
License fees. All dogs kept in the Village shall be registered as to sex, breed, name and address of the owner and name of the dog. At the time of such registration such owner shall obtain a license for such dog and shall pay a fee as set by the Village Board. It shall be the duty of said owner to cause such license tag to be securely attached around the dog's neck and kept there at all times during the license period.
A. 
Running at large. No person shall permit any dog to run at large, that is, if the dog is off the premises of its owner and not under the control of the owner or some other person.
B. 
Disturbing the peace. No person owning any dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises, or by running through or across cultivated gardens or fields.
C. 
Nuisances. Any dog found in the Village either without a license or running at large will be referred to the County Humane Officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Licensed dogs impounded. It shall be the duty of the poundkeeper to cause notice to be served by mail upon the registered owner of any licensed dog impounded under the provisions of this chapter, such notice to be mailed at least two days prior to the posting of the notice of impounding hereinbefore provided.
E. 
Dog bites. Whenever any dog bites a person, the owner of said dog shall immediately notify the Chief of Police, who shall order the dog held on the owner's premises or shall have it impounded for a period of 10 days. The dog shall be examined immediately after it has bitten anyone and again at the end of the ten-day period. If at the end of 10 days a veterinarian is convinced that the dog is then free from rabies, the dog shall be released from quarantine or from the pound, as the case may be. If the dog dies in the meanwhile its head shall be sent to the State Department of Agriculture, Trade and Consumer Protection for examination for rabies.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Limit. No family shall be permitted to have more than three dogs over five months of age at any one time.
[Added 9-18-1986]
G. 
Penalty. Any person, firm or corporation violating any provision of this section shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In the event that this section does not contain a provision encompassing a certain act or omission of a dog owner in this chapter, Ch. 174, Wis. Stats., as amended, shall apply.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
It shall be unlawful to allow any dog to be in any park owned by the Village of Westfield. This subsection shall not apply to dogs specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons. Penalty is found in Chapter 1, § 1-3 of this Code.
A. 
It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the Village; exhibits or parades of animals which are farae naturae in the eyes of the law may be conducted upon securing a permit from the Chief of Police. The members of the Police Department are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
B. 
No vicious, dangerous, or ferocious dog or dog sick with or liable to communicate hydrophobia or other contagious or infectious disease shall be permitted to run at large in the Village.
C. 
For purposes of enforcing this section, a dog or animal shall be deemed to be of a dangerous or vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury on a person in unprovoked circumstances off the owner's premises.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Prohibition and regulation of dog breeds deemed as dangerous animals.
(1) 
Keeping prohibited. It is unlawful to keep, harbor, own or in any way possess within the corporate limits of the Village of Westfield, Wisconsin, any of the dogs listed below which are considered dangerous due to their natural breeding line. These breeds of dog registered with the Village on the date of publication of this Subsection D may be kept within the Village but are subject to the standards and requirements set forth in Subsection D(2) of this section.
(a) 
Pit bull, defined as Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier or any dog which has the appearance and characteristics of being predominantly of any of these breeds.
(b) 
Chow, chow mix or any dog which has the appearance and characteristics of being predominantly of these breeds.
(c) 
Rottweiller, rottweiller mix or any dog which has the appearance and characteristics of being predominantly of these breeds.
(d) 
Wolf hybrid, wolf mix or any dog which has the appearance and characteristics of being predominantly of any of these breeds.
(e) 
Any dog that has caused serious injury to a person or domestic animal off the owner's property, without reasonable cause.
(2) 
Keeping of registered breeds or dogs listed in this Subsection D. The provisions of Subsection D(1) of this section are not applicable to owners, keepers or harborers of dangerous breeds listed in this Subsection D which are registered with the Village of Westfield as of September 10, 2002. Keeping of such dogs, however, shall be subject to the following standards:
(a) 
Leash. No person shall permit the dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit this dog to be kept on a rope, chain or other type of leash outside of its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, building, etc.
(b) 
Reporting requirements. All owners, keepers, or harborers of the dog must within 10 days of the following incidents report the following information in writing to the Westfield Village Clerk-Treasurer as required hereinafter:
[1] 
The removal from the Village or death of the dog.
[2] 
The birth of offspring of the dog.
[3] 
The new address of the dog should the owner move within the corporate Village limits.
(c) 
Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of these registered dogs to any other person within the Village unless the recipient person permanently resides in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of the dog may sell or otherwise dispose of the registered dog or the offspring of such dog to persons who do not reside within the Village.
(d) 
Animals born of registered dogs. All offspring of these dogs registered within the Village shall be removed from the Village within 10 weeks of the birth of such animal.
(e) 
Irrebuttable presumptions. There shall be an irrebuttable presumption that any registered dog as prohibited by Subsection D(1) of this section is in fact a dog subject to the requirements of this Subsection D.
(f) 
Failure to comply. It shall be unlawful for the owner, keeper or harborer of these dogs registered with the Village of Westfield to fail to comply with the requirements and conditions set forth in this Subsection D. Any dog found to be in violation of this Subsection D shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the Village.
[Amended 11-12-2019 by Ord. No. 19:08]
It shall be unlawful to domicile or have any livestock or exotic animals anywhere in the Village, for more than 24 hours, whether for business or pleasure, unless specific advance approval has been granted by the Village Board. "Livestock" is defined as animals normally associated with agriculture, such as cows, goats, sheep, horses, swine (including miniature pigs), etc. Exotic animals are those normally associated with zoos and may or may not be suitable for domestication. Birds, such as parrots and canaries, and reptiles are permitted when maintained within the owner's residence or place of business. Exceptions:
A. 
As provided for in Chapter 525, Zoning, of this Code.
B. 
Animals kept at the Marquette County fairgrounds.
C. 
Horses used as a means of transportation by resident members of the Amish/Mennonite religious sects.
No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large or to be exposed in any public place whereby the health of man or beast may be affected, nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or the Health Officer. It is hereby made the duty of the Health Officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act.
It shall be unlawful to permit any cattle, horse, swine, sheep, goat or poultry to run at large in the Village. Any such animal running at large in any public place in the Village shall be impounded in the manner provided in this chapter. It shall further be unlawful to picket or tie any such animal in any of the streets of the Village for the purpose of grazing or feeding.
It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.
No person shall cruelly treat any animal in the Village in any way; any person who inhumanely beats, underfeeds, overloads, or abandons any animal shall be deemed guilty of a violation of this section.
A. 
No person shall cause or allow any stable or place where any animal is or may be kept to become unclean, or unwholesome.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All structures, pens, buildings, stables, coops or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin, objectionable odors, and excessive noise. Interior walls, ceilings, floors, partitions and appurtenances of such structures, except structures or houses occupied by no more than three dogs, cats, rabbits or similar animals kept as pets, shall be whitewashed or painted annually or more often as the Health Officer shall direct. The structure shall be maintained in accordance with the Health Officer's direction, the purpose being to be in a clean and sanitary condition at all times.
No person shall take, or permit to remain, any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public, except seeing-eye dogs.
No more than three cats over five months old shall be kept in each residential household. This rule shall apply to rabbits and other similar animals.[1]
[1]
Editor's Note: For the limitation on the number of dogs, see § 195-2F of this chapter.
[Amended 5-8-2007 by Ord. No. 10:07]
Any person violating or permitting the violation of any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In addition, the court shall order the registration of the subject dog be revoked and remove the dog from the Village. Should the defendant refuse to remove the dog from the Village, the Circuit Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the dog. Each day that the violation of this chapter continues shall be deemed a separate offense. In addition to the foregoing penalties, any person violating this chapter shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this chapter.
[Added 11-12-2019 by Ord. No. 19:08]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHICKEN
A domestic chicken of the subspecies Gallus (Gallus domesticus).
CHICKEN RUN
A fenced cage attached to a coop.
COOP
A new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section.
KEEP
The owning, keeping, possessing, or harboring of a chicken.
ROOSTER
A male chicken of any age, including a capon or otherwise neutered male chicken.
B. 
Permit required.
(1) 
Any person who keeps chickens on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Clerk. The permit shall be valid for as long as the person keeps chickens in a coop per § 195-14C, and the fee shall be set forth in the official Village fee schedule on file in the Village Clerk's office. The permit shall remain valid unless a person discontinues the keeping of chickens for a period of 12 months or more or seeks to modify the coop and run located on the property. A new permit shall be required to keep chickens if the practice ceased for a minimum of 12 months or if the person intends to modify, enlarge or relocate the coop or run on the property.
(2) 
Permit applications submitted by a person other than a record title owner of the property upon which chickens will be kept shall provide written consent of the property owner with the permit application.
C. 
Keeping of chickens allowed:
(1) 
Up to six chickens are allowed with a permit.
(2) 
One permit per R-1 single-family residence, R-2 single-family residence, R-3 multifamily residence, R-4 residential residence, and RD rural development zoned parcel only is allowed.
(3) 
No person shall keep any rooster.
(4) 
The outdoor slaughtering of chickens in residential zoning districts is prohibited.
(5) 
Chickens shall always be provided with fresh water along with adequate amounts of feed.
(6) 
Chickens shall be provided with a sanitary and adequately sized coop. The coop may be built as part of an unattached yard shed or garage, provided setback requirements are met, but cannot be placed on top of a building.
(7) 
To prevent chickens from flying out of the run, fencing shall be of enough height, be covered, or the chickens shall have their wings clipped.
(8) 
All permanent (nonmobile) coops shall comply with all building and zoning requirements of this Code.
(9) 
All chicken coops or runs shall comply with the established zoning district setbacks of this Code.
(10) 
No chicken coop shall be located on the front or side yard of a parcel.
(11) 
In addition to compliance with the requirements of this section, no one shall keep chickens that cause any other nuisance associated with unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.
D. 
Public health requirements.
(1) 
Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
(2) 
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Health Department.
E. 
Permit revocation. In the event that a permit holder accumulates three violations of this section within any twelve-month period, the permit shall be revoked. Additionally, a person who discontinues the practice of keeping chickens for a period of at least 12 months or moves or otherwise modifies the coop or run on the property of a valid permit shall have their permit revoked, unless they apply for a new permit. A person whose permit is revoked shall have the right to a hearing on the revocation before the Village Board, if such a hearing is requested, in writing, within 10 days of the service of the notice of revocation. A notice of revocation is deemed served upon the day of mailing if sent by certified mail to the applicant of the permit at the address as listed upon the application for the chicken permit.
F. 
Sale of eggs and baby chicks prohibited. No person may offer to sell eggs or chicks accumulated from the activities permitted hereunder.
G. 
Enforcement. The provisions of this section shall be enforced by the Village Police Department.
H. 
Penalties. Any person violating any provisions of this section shall be subject to penalty as provided in Chapter 1, General Provisions, § 1-3, Violations and penalties, of the Westfield Village Code.