[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as § 6-1-3 and Title 7, Ch. 1 of the 1988 Code.
Amendments noted where applicable.]
A.
AT LARGE
CAT
DANGEROUS AND VICIOUS ANIMALS
DOG
NEUTERED
OWNER
Definitions. In this chapter, unless the context or
subject matter otherwise requires, the following terms shall have
the meanings indicated:
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.
Any feline, regardless of age or sex.
See § 162-9.
[Added 3-6-2017]
Any canine, regardless of age or sex.
As used herein in describing a dog or cat shall mean a dog
or cat having nonfunctional generative organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days is presumed to
be harboring or keeping the dog or cat within the meaning of this
chapter.
A.
Rabies vaccination. 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 Cambria 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 obtained or brought into the
Village unless the dog has been vaccinated as evidenced by a current
certificate of rabies vaccination from this state or another state.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date that the 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 5-3-2010 by Ord.
No. 10-02]
B.
Issuance of certificate of rabies 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 State Department of Animal Control,
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 vaccine administered and the manufacturer's
serial number, the date that the immunization expires as specified
for that type of vaccine by the Center for Disease Control of the
U.S. Department of Health and Human Services and the village where
the dog is required to be licensed.
[Amended 5-3-2010 by Ord.
No. 10-02]
C.
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.
D.
Rabies 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.
E.
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.
F.
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.
G.
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.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village
of Cambria 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.
(2)
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, on or before the date the dog becomes five months
of age, pay a license tax and obtain a license.
(3)
The license tax shall be set by the Village Board.
The license year shall commence January 1 and end December 31.
[Amended 5-3-2010 by Ord.
No. 10-02]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 162-2 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 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.
(5)
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.
(6)
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 law enforcement, animal control or humane officer
shall seize, impound or restrain any dog for which a dog license is
required which is found without such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically
trained to lead blind or deaf persons is exempt from dog license tax
and every person owning such a dog shall receive annually a free dog
license from the Clerk/Treasurer upon application therefor.
B.
Kennel licenses.
[Amended 1-9-2006]
(1)
Existing kennels at the time this section is approved
are the only kennel licenses that will be allowed in the Village of
Cambria. Existing grandfathered licenses will be allowed a maximum
number of dogs according to the number of dogs licensed in 2005. Through
attrition, any grandfathered kennel over 12 dogs will scale down the
number of its dogs to a maximum of 12 dogs. Every operator of a kennel
shall, on January 1 of each year, pay to the Village Clerk/Treasurer
the established kennel license fee and obtain a license therefor.
Kennel operators must have dogs vaccinated. No kennel fee is to be
required of any veterinary hospital or clinic. Kennel owners or keepers
must obey all ordinances pertaining to dogs.
(2)
"Kennel" is any premises wherein any person owns four
or more dogs and engages in the business of boarding, breeding, buying,
letting for hire, training for a fee, or selling of dogs.
(3)
An annual license shall be issued upon payment of
the applicable fee. Application and a fee as set by the Village Board
for a kennel of 12 or fewer dogs and an additional fee as set by the
Village Board for each dog in excess of 12 shall be submitted.
[Amended 5-3-2010 by Ord.
No. 10-02]
(4)
Upon payment of the required kennel license fee and
upon presentation of evidence that all dogs over five months of age
are currently immunized against rabies, the Village Clerk/Treasurer
shall issue the kennel license and a number of tags equal to the number
of dogs authorized to be kept in the kennel. The kennel owner or keeper
shall keep at all times a kennel license tag attached to the collar
of each dog over five months of age kept under a kennel license.
(5)
Law officials will annually, and as deemed appropriate,
inspect all kennels.
[Amended 5-3-2010 by Ord.
No. 10-02]
The Village Clerk/Treasurer shall assess and
collect a late fee as set by the Village Board 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.
A.
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 furnished by the
State Department of Animal Control for posting.
[Amended 5-3-2010 by Ord.
No. 10-02]
B.
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.
C.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. A law enforcement,
animal control, humane or health officer shall order a dog or cat
quarantined if such 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
may kill a dog or cat 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)
Sacrifice of 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.
D.
Quarantine of animals.
[Amended 3-6-2017]
(1)
Delivery to isolation facility or quarantine on premises
of owner. A law enforcement, animal control, humane or health officer
who orders an animal 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.
(2)
Health risk to humans. If an animal 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 14 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
animal has not exhibited any signs of rabies, the animal may be released
from quarantine at the end of the observation period.
(3)
Risk to animal health.
(a)
If an animal is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal and if the animal 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 after the exposure to a rabid
animal.
(b)
If an animal is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal but if the animal 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.
(4)
Sacrifice of an animal exhibiting symptoms of rabies.
If a veterinarian determines that an animal 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 animal is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
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 State Department of Animal Control, the veterinarian
or local health department which prepared the carcass and, if the
animal is suspected to have bitten a person, that person or that person's
physician.
[Amended 5-3-2010 by Ord.
No. 10-02]
F.
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 State Department of Animal Control, 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.
[Amended 5-3-2010 by Ord.
No. 10-02]
G.
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. If the owner is unknown, the county is responsible for
these expenses.
[Amended 3-6-2017]
A.
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 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 may be seized and impounded by a humane, 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.
B.
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.
C.
Keeping of more than three dogs prohibited. Except as provided in § 162-3B, no person shall own, harbor or keep more than three dogs over the age of five months within the corporate limits of the Village.
D.
Sanitary
requirements. 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 and objectionable odors.
E.
Animals
excluded from food-handling establishments. 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.
A.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any law enforcement,
animal control or humane 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 and containing an agreement to reimburse the Village
for any damages it sustains for improper or illegal seizure.
B.
Claiming animal; disposal of unclaimed animals. After
seizure of animals under this section by a law enforcement, animal
control or humane officer, the animal shall be impounded. Such officer
shall notify the owner personally or through the U.S. Mail if such
owner be known to the office or can be ascertained with reasonable
effort, but if such owner be 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 after the officer has taken such animal
into his possession. If within seven days after such notice the owner
does not claim such animal, the poundmaster may dispose of the animal
in a proper and humane manner, provided that, 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 time, the owner may reclaim the animal upon payment of an impoundment
fee as established by resolution of the animal control agency, plus
an additional maintenance fee for each day the animal shall remain
in the animal shelter. No animal shall be released from the pound
without being properly licensed if so required by state law.
C.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the poundmaster may sell the animal
to any willing buyer.
D.
Village not liable for impounded animals. The Village
shall not be liable for the death of any animal which has been impounded
or disposed of pursuant to this section.[1]
[1]
Editor's Note: Original Sec. 7-1-8, Dogs and
cats restricted in parks, which immediately followed this section,
was repealed 7-2-2007.
[Amended 3-6-2017]
Every owner or person harboring or keeping an animal who knows that such animal has bitten any person shall immediately report such fact to law enforcement and shall keep such animal confined per requirements in § 162-5 for not less than 14 days or for such period of time as the police officer or village staff shall direct. The owner or keeper of any such animal shall surrender the animal to a law enforcement, animal control or humane officer upon demand for examination. If it is determined that the animal is dangerous or vicious then the rules in § 162-9 apply.
[Added 3-6-2017[1]]
A.
Definitions.
(1)
"Dangerous animals" shall mean any animal that:
(a)
Habitually pursues any vehicle upon any public street, alley
or highway in the Village; or
(b)
Approaches or chases any person or domestic animal in a menacing
fashion or apparent attitude of attack, without intentional provocation
on public or private property; or
(c)
Without provocation, behaves in a manner that a reasonable person
would believe poses an unjustified imminent threat of serious injury
or death to one or more persons or domestic animals; or
(d)
Without provocation, causes a non-severe, non-bite injury in
a menacing fashion to any person or domestic animal; or
(e)
Without provocation, has attacked, bitten or injured any person
or domestic animal on public or private property.
(2)
"Vicious animals" shall mean any animal that:
(a)
Is defined as a dangerous animal and is not in compliance with
the restrictions imposed by this section; or
(b)
Has killed any domestic animal; or
(c)
Has on two or more occasions bitten, injured, damaged, or attacked
any person or domestic animal on public or private property; or
(d)
Has a propensity, tendency or disposition, known to the owner
thereof, to attack, without provocation, in a manner which may cause
death, injury, damage or which may otherwise endanger the safety of
any person or domestic animal; or
(e)
Is owned, harbored or trained primarily or in part for the purpose
of fighting.
B.
Procedure for declaring an animal vicious or dangerous.
(1)
A police officer or Village staff member may determine any animal
to be vicious or dangerous whenever, upon investigation, that officer
or Village staff member finds that the animal meets the definition
of vicious or dangerous as defined above. In certain situations, an
officer or Village staff member may deem an animal as vicious due
to other extenuating circumstances.
(2)
The police officer or Village staff member, upon making the determination
that an animal is vicious or dangerous, shall issue a written notice
of the determination. Upon receipt of the written notice of determination:
(3)
If the owner objects to the determination, he or she may file a written
objection contesting the determination with the Village Clerk within
five days of receiving the written notice.
(4)
Upon receipt of the owner's written objection within the prescribed
five days, the matter shall be placed on the soonest Legislative and
Regulatory Committee agenda practicable for review.
(5)
The Legislative and Regulatory Committee shall act as a quasi-judicial
body, allowing the animal's owner an opportunity to present evidence
as to why the animal should not be declared vicious or dangerous.
(6)
Pending the outcome of the hearing, the animal may be confined at
the Columbia County Humane Society Animal Shelter, at the owner's
expense. The Village may require the appealing party to post a bond
in an amount sufficient to satisfy the cost of holding the animal
during the appeal period.
(7)
After the Legislative and Regulatory Committee has made a decision
and its report has been approved by the Village Board, the owner shall
be notified of the decision in writing. If a decision is made that
the determination was correct and the determination was vicious, then
the owner shall remove the vicious animal from the Village; or if
it was determined was dangerous, the owner shall comply with the dangerous
animal regulations within 10 days.
(8)
Failure to comply with a valid determination may result in the seizure
and destruction of the animal.
C.
Dangerous animal regulations. No person shall own, possess, harbor,
keep or maintain a dangerous animal contrary to the terms of this
section.
(1)
Dangerous animal license.
(a)
Any person who may own, possess, harbor, keep or maintain a
dangerous animal as defined by this section shall do so only after
first having obtained a dangerous animal license from the Village
Clerk and only after complying with the terms of said license.
(b)
The term of the dangerous animal license shall be from January
1 through December 31 each year, and the fee for the license shall
be set forth in the Village's official fee schedule on file with the
Village Clerk.
(c)
A license may be granted and issued only upon proof of the following:
[1]
A liability insurance policy written by an insurance company
licensed to do business in the State of Wisconsin, covering death
and personal injury, in the amount of at least $300,000 and property
damage in the amount of at least $50,000. The policy shall provide
notice to the Village Clerk 30 days in advance of any material change
therein or of its termination or nonrenewal.
[2]
Current vaccination for rabies.
[3]
Current license and spaying or neutering where the dangerous
animal is a dog or cat.
(d)
A license granted and issued hereunder is conditioned upon the
following:
[2]
The posting of warning signs, visible and capable of being read
from the public right-of-way or within 40 feet of its placement, whichever
is less, bearing the wording "WARNING DANGEROUS ANIMAL." Such signs
shall be posted at each entrance to the building in which the dangerous
animal is kept and at each entrance through any fence or enclosure
where the dangerous animal is kept.
[3]
The dangerous animal, while off the premises where kept, shall
be muzzled with a no-bite type muzzle, restrained as to movement by
a collar or harness appropriate to the animal's size and a leash not
greater than five feet in length, and under the direct control and
supervision of a mentally competent adult, who is physically able
to restrain the dangerous animal.
[4]
The dangerous animal, while on the premises where kept, shall
be placed within a secured building or within a secured fence of sufficient
height and construction to maintain the animal within.
(2)
Failure to comply with terms of a dangerous animal license.
(a)
A dangerous animal that is owned, possessed, harbored, kept
or maintained in violation of this section may be impounded or destroyed
by the Village, or its agents, at the expense of the violator following
notice.
(3)
No person shall sell or transfer possession of a dangerous animal
to another person without first notifying the person to whom the animal
is being transferred of the animal's dangerous determination, the
requirements of this section and notifying the Village Clerk, in writing,
at least five business days in advance of the sale or transfer of
possession.
(4)
Upon the death of a dangerous animal, the owner thereof shall provide
written verification of the same within 10 days of the date of death
of the animal.
D.
Exemption. This section shall not apply to restrict the training
and/or use of dogs for and by public law enforcement agencies.
[Amended 3-6-2017]
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 by said owner or person
in charge. Anyone walking a dog without proper cleanup materials may
be deemed in violation of this section. This section shall not apply
to a person who is visually or physically handicapped.
[Amended 3-6-2017]
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, garden or any other private
or public property in any manner whatsoever or to defecate thereon.
[Amended 12-3-2007]
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 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. A
dog or cat is considered to be in violation of this section when two
complaints are documented by law enforcement within a four-week period.
A.
Protected animals.
(1)
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), 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), Mexican ridley
turtle (Lepidochelys kempi).
(2)
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).
(3)
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 paragraph 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 American Indians for ceremonial
purposes or in the preservation of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the 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 collectors 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.
C.
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 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:
(1)
All poisonous animals and reptiles including rear-fang
snakes.
(2)
Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
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)
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).
(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 (Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses, if:
(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.
E.
Farm animals. Cows, horses, pigs, sheep, poultry and other farm animals shall not be kept within the Village limits unless as an approved or conditional use permit under Chapter 485, Zoning, of this Code is obtained. No animals, including rabbits, shall be kept if, in the opinion of the Village Board, they constitute a nuisance.
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.
A.
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.
The food shall be sufficient to maintain all animals
in good health.
C.
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.
A.
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.
B.
Indoor standards. Minimum indoor standards of shelter
shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter
shall include:
(1)
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.
(2)
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.
D.
Space standards. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(1)
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.
(2)
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.
E.
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.
A.
No person may abandon any animal.
B.
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.
C.
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.
D.
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.
E.
Section 173.10, Investigation of cruelty complaints,
Wis. Stats., is hereby adopted by reference and made a part of this
chapter.
[Amended 11-7-2022]
F.
All expenses
involved with the investigation and taking care of any abandoned or
neglected animal will be the responsibility of the animal owner. If
the animal owner is a tenant in a rental unit and cannot be located,
the owner of the rental unit will be held responsible for all expenses.
If these expenses remain unpaid, they will be added to the property
owner's tax bill as a special charge against the real estate.
[Added 1-7-2022]
G.
Any pet
owner who chooses to surrender their pet at the Columbia County Humane
Society will do so at their own expense. If it is discovered that
a pet owner falsified information and claimed the animal as a stray,
the pet owner will be billed an amount equal to three times the cost
to the Village, which represents the actual total cost to the Village
which is incurred as a result of the Columbia County Humane Society's
billing being based on a three-year average. If this pet owner is
a tenant in a rental unit and cannot be located, the owner of the
rental unit will be billed this expense. If these expenses remain
unpaid, they will be added to the property owner's tax bill as a special
charge against the real estate.
[Added 1-7-2022]
No person except a law enforcement officer or
health or humane 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 nests or bird's eggs.
A.
In the interest of public health and safety, it shall
be unlawful for any person, in or on land within the Village, 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.
B.
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.
C.
All such traps set, placed or tended shall comply
with Chapter 29 of the Wisconsin Statutes as it relates to trapping.
D.
This section shall not apply to trapping within the
confines of buildings or homes.
E.
Nothing in this section shall prohibit or hinder the
Village or its employees or agents from performing their official
duties.
[Amended 5-3-2010 by Ord.
No. 10-02; 3-6-2017]
A.
Any person violating §§ 162-15, 162-16, 162-17, 162-18 and 162-19 shall be subject to a forfeiture of not less than $100 and not more than $200 per animal. This section shall also permit the Village Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Anyone who violates §§ 162-1, 162-2, 162-3, 162-4 and 162-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $100 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who refuses to comply with an order issued under § 162-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture of not less than $200 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
