In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
Off the premises of the owner and not under the control of
some person by leash, 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.
[Amended by Ord. No. 2003-08-01]
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
NEUTERED
As used herein describing a dog or cat shall mean a dog or
cat having nonfunctional reproductive organs.
OWNER
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; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
PET
An animal kept and treated as a pet.
The Village Clerk/Treasurer shall assess and collect a late
fee as provided in the Village Fee Schedule from every owner of a
dog or cat 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 cat, or if the owner failed to obtain
a license on or before the dog or cat reached licensable age. Said
late fee shall be charged in addition to the required license fee.
[Amended by Ord. No. 2003-08-01; Ord. No. 2006-06-02]
A. Restrictions. It shall be unlawful for any person within the Village
of Belleville to own, harbor or keep any dog or cat which:
(1) Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2) Assaults or attacks any person or destroys property.
(3) Is at large within the limits of the Village.
(4) 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 a manner as to materially disturb or annoy persons in the
neighborhood who are of ordinary sensibilities.
(5) Kills, wounds or worries any domestic animal.
(6) Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7) In the case of a dog, is unlicensed.
B. Vicious dogs and animals.
(1) No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
inflicts serious injury to one person in unprovoked circumstances
off the owner's premises.
(2) No person shall harbor or permit to remain on his or her premises
any animal that is habitually inclined toward attacking persons or
animals, destroying property, barking excessively or making excessive
noises or running after automobiles.
C. Animals running at large.
(1) No person having in his or her possession or ownership any animal
shall allow the same to run at large within the Village. The owner
of any animal, whether licensed or unlicensed, shall keep his or her
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 unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a humane or law enforcement
officer or animal warden.
(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 when the animal is off of the owner's premises.
D. 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.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
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, flowerbed, plant, shrub, tree or garden in any manner whatsoever
or to defecate thereon.
No person except a law enforcement or animal control officer
in the pursuit of his or her duties shall, within the Village, shoot
or kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
[Amended by Ord. No. 2003-08-03; 1-4-2010 by Ord. No. 2010-01-02; 9-17-2012 by Ord. No.
2012-09-01; 7-5-2016 by Ord. No. 2016-07-02]
A. Purpose. The keeping of a large number of dogs within the Village
of Belleville for a considerable period of time detracts from and,
in many instances, is detrimental to healthful and comfortable life
in such areas. The keeping of a large number of dogs is, therefore,
declared a public nuisance.
B. Number limited. No residential unit in the Village of Belleville
shall keep or harbor in its possession more than three dogs, except
that a litter of pups or a portion of a litter may be kept for not
more than 10 weeks from birth.
C. Noncompliance penalty. A residential unit in violation of this section
will have 15 days to come into compliance with this section once written
notice is given by a Village official. Failure to comply after 15
days will result in a per-day fine set by Municipal Court Deposit
Schedule.
[Added 12-4-2017 by Ord.
No. 2017-12-02]
A. License required . No chickens may be kept in the Village without
a license issued pursuant to this section.
B. License application requirements. Applicants for a license to keep
chickens must meet certain minimum criteria.
(1) Resident of the Village of Belleville. Applicants must reside in
the Village limits of the Village of Belleville.
(2) Single-family dwelling. Only residents of single-family dwellings
located within the Village may apply.
(3) Proof of residency . The minimum standards required to establish
residency for purposes of becoming a registered voter must be met
to prove the residency of the applicant.
(4) One license per address. No more than one license will be issued
to any address within the Village at any one time.
C. Obtaining a license.
(1) Application for a building permit must be submitted to the Building
Inspector.
(2) Applications must include a location sketch, drawn to scale, of the
coop, run, and fencing showing property lines and nearby structures
and design information for the coop. The applicant must pay a license
application fee with this application in accordance with the Village's
fee schedule.
(3) The Building Inspector will review the application and accompanying
documents to ensure compliance with Village ordinances.
(4) Building Inspector shall deny those applications which are submitted
and do not conform to Village ordinances.
(5) Upon approval of the application by the Building Inspector, the Village
Clerk shall issue a license to the applicant.
D. License duration and fees.
(1) An applicant must pay a license application fee when submitting a
license application. The Village Board shall determine the application
fee by resolution.
(2) Licenses are for a one-year term beginning January 1 of each year
unless revoked according to the penalties enumerated in this section.
(3) A license holder must pay a license renewal fee annually. This fee
will not be prorated for any portion of a year. The Village Board
shall determine the renewal fee by resolution.
E. Renewing a license. All licenses must be renewed on an annual basis
prior to January 1 of each year.
(1) Renewal process. Renewals shall be processed by the Village Clerk 's
Office once the annual permit fee has been submitted.
(2) Licenses not renewed by April 1 will be assessed a late fee, to be
determined by resolution of the Village Board. A permit holder may
be considered to be in violation of this section by maintaining chickens
without a license.
F. Standards.
(1) Chickens allowed. License holders may keep female chickens (hens)
at their place of residence, provided they comply with all requirements
of this section.
(2) Roosters not allowed. The keeping of male chickens (roosters) is
not allowed within the Village limits of Belleville.
(3) Required zoning. Chickens may only be kept at residences zoned as
single-family dwellings.
(4) Maximum number of hens. The maximum number of hens depends on the
lot size:
(a)
For lots under 1/2 an acre, there may be up to six hens.
(b)
For lots under one acre and over 1/2 an acre, there may be up
to seven hens.
(c)
For lots over one acre, there may be up to 10 hens per acre
of land.
(5) No slaughtering. The slaughtering of chickens is not allowed within
the Village limits of Belleville, except on properties zoned and approved
for such use.
(6) Bird fighting. Raising or keeping of hens for fighting and the fighting
of hens and other fowl is not allowed within the Village of Belleville
as per § 951.08, Wis. Stats.
(7) Chicken feed. All chicken feed must be kept in airtight containers
that are out of reach from wild animals.
(8) Chicken coops. Hens must be provided with a building structure to house them, which complies with the accessory structure requirements of §
615-72, and conforms to the following rules:
(a)
Hens must be provided at least four square feet of floor space
each.
(b)
A coop must have minimum dimensions of two feet long by two
feet wide by four feet tall.
(c)
There must be at least one nesting box per two hens.
(d)
Coops must include elevated perches to ensure chickens are able
to rest in their natural position.
(e)
Coops must be structurally sound, moistureproof and kept in
good repair in accordance with accepted construction standards for
accessory structures.
(f)
Coops must have proper ventilation during all times of the year.
(g)
There must be a minimum of two feet of window for each 10 linear
feet of wall space.
(h)
Coops must be cleaned daily and the waste must be properly disposed of according to Village Code §
191-9B Animal feces, or properly composted.
(i)
The temperature of the coop may not fall below 40º F. Heating
lamps or other technology may be used to keep the coop at the proper
temperature of no less than 40º F.
(j)
Water must not be frozen.
(k)
Coops must provide access to the chicken run.
(l)
No coop shall be located closer than 20 feet to an adjacent
lot line. Coops must be located in the rear yard of the property or
nonaddress side yard on corner lots.
(m)
The property owner is responsible for ensuring that activities on the property related to the keeping of chickens do not violate other Village ordinances, to include those regarding public nuisances (Chapter
372), odor (§
615-61), and noise (§
395-8).
(9) Chicken runs. The chickens must be provided with an outdoor fenced
structure in which to run around in accordance with the following
regulations.
(a)
Hens must be provided with at least four square feet of space
each in the run.
(b)
The minimum dimensions are two feet wide by two feet long by
three feet tall.
(c)
The fencing must have spacing of no more than one inch.
(d)
The top of the run must be covered with fencing with spacing
of one inch or less.
(e)
The fencing should be buried a foot under the ground if the
run is not mobile.
(f)
No run shall be located closer than 20 feet to an adjacent lot
line. Runs must be located in the rear yard of the property or nonaddress
side yard on corner lots.
(10)
General care requirements. Chickens must be properly cared for
as follows.
(a)
Food must be provided daily and must be proper for chickens
in accordance with § 951.13(1), Wis. Stats.
(b)
Clean water must be provided at all times and changed daily
in accordance with § 951.13(2), Wis. Stats.
G. Penalties. The keeping of chickens in the Village by any person not in compliance with this section is prohibited. Violations shall be subject to the penalties set forth in §
1-4 of the Village Code of Ordinances.