[HISTORY: Adopted by the Village Board of the Village of
Reeseville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-14-2016 by Ord. No. A-97 (Title 7, Ch. 1, of the 1992 Code)]
Definitions. In this article, unless the context or subject
matter otherwise require:
Mammals, reptiles and birds.
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.
A puncture or tear of the skin inflicted by the teeth or
any animal consistent with the closing of the teeth upon the victim.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any domesticated member of the canis familiaris or canis
lupus familiaris species.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has the 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.
As used herein as describing a dog or cat, shall mean a dog
or cat having nonfunctional reproduction organs.
Any person, firm, corporation, organization or department
possessing, harboring or having the care or custody, whether temporarily
or permanently, of a dog or cat or any person who licensed the dog
through the Village of Reeseville. 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 article.
Any individual human being, firm, corporation, organization
or other legal entity.
An animal kept and treated as a pet.
Any dog that has inflicted substantial body harm upon, or caused
or contributed to the death of, any person on public or private property,
whose owner, at the time of such infliction or involvement in fatal
attack, failed to demonstrate sufficient provocation consistent with
Subsection B(1) through (7) of the definition of "vicious dog" to
an investigating law enforcement officer or a court of competent jurisdiction;
or
Any dog, caused to be present in this Village, from another
village, city, town, county or state that has been declared or found
to be dangerous, vicious or otherwise given a similar designation
by that or any other jurisdiction via a judicial or quasi-judicial
process irrespective of whether or not such declaration or finding
is in an appealable, final form; or
Any dog that is, or has been, subject to being destroyed under
§ 174.02(3), Wis. Stats., irrespective of whether such petition
or action was disposed of in a manner ordering or otherwise requiring
destruction of the dog; or
Any rabid dog; or
Any wild animal hybrid, including but not limited to wolf hybrids;
or
Any dog trained, owned, sold, purchased or transferred for the
purpose of dogfighting or similar activity.
Bodily injury that causes a laceration that requires stitches,
staples, or a tissue adhesive; any fracture of a bone; a broken nose,
a burn, a petechiae, a puncture of the skin; a temporary loss of consciousness,
sight or hearing; a concussion; or a loss or fracture of a tooth.
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
Any dog with a propensity, tendency and/or disposition to attempt
to attack, cause injury, contribute to the destruction of public or
private property, or otherwise endanger the safety of human beings
or other domestic animals, which may be evidenced by habitual or repeated
chasing, scratching, snapping, or barking, snarling or growling in
a reasonably perceived threatening manner;
Any dog that attacks, bites, attempts to attack or bite, or has attacked or bitten, a human being or another domestic animal; however, a dog shall not be a vicious dog under this subsection or Subsection A above by sole reason of having engaged in any of the behavior described under this subsection or Subsection A above toward, or in relation, to:
Any person who attacked, attempted to attack or otherwise accosted
such dog or who engaged in conduct that should be reasonably calculated
to provoke such dog to attack or bite such person or another person
or otherwise engage in behavior reasonably perceived as threatening,
including, but not limited to, directing such behavior towards the
dog's owner or an acquaintance thereof; or
Any person who engaged in provoking or inciting a dogfight or
any form of altercation between such dog and another dog or other
domestic animal; or
Any person who engaged in stopping or dispersing an actual or
reasonably believed to be imminent dogfight or any form of altercation
involving the dog, so long as such dog, in response to any such intervention,
was not the aggressing dog in the dog fight or other form of altercation;
or
Any person engaged in attacking or accosting or attempting to
attack or accost any other person or domestic animal; or
Any person engaged in unlawful entry into or upon the fenced
or substantially or completely enclosed portion of the premises upon
which such dog is kept, or into or upon any automobile or other vehicle
parked or stored in or upon the street adjacent to such premises;
or
Any dog or other domestic animal engaged in unauthorized entry
into or upon the fenced or substantially or completely enclosed portion
of the premises upon which such dog is kept; or
Any person engaged in unlawful or unauthorized entry into any
automobile or other vehicle in which such dog is kept or confined.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian at no later than 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 Reeseville
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
brought into the Village unless the dog has been vaccinated as evidenced
by a current certificate of rabies vaccination. The owner of a dog
shall have the dog revaccinated against rabies by a veterinarian before
the date of that 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Village 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
vaccination administered and the manufacturer's serial number, the
date that the immunization expires as specified for that type of vaccine
by the Centers for Disease Control of the U.S. Department of Health
and Human Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
Dog licenses.
A.
It shall be unlawful for any person in the Village of Reeseville
to own, harbor or keep any dog more than five months of age without
complying with the provisions of §§ 174.05 through
174.10, Wisconsin Statutes, relating to the listing, licensing and
tagging of the same.
B.
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 a
license tax and obtain a license.
C.
The fee for a dog license shall be set by the Village Board. The
license year shall commence January 1 and end December 31.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 178-2 of this article, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village 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.
E.
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, except as provided in § 178-2E.
F.
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 Village police or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
G.
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Treasurer upon application therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Treasurer shall assess and collect a late fee 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. Said late fee shall be charged in addition
to the required license fee.
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 shall promptly post in at least three public places
in the Village notices of quarantine.
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 Village law enforcement
or animal control officer shall order a dog or cat quarantined if
the 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
quarantine cannot be imposed because the dog or cat cannot be captured,
the officer may kill the animal. 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 dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
A Village law enforcement or animal control officer who orders a dog
or cat 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 a dog or cat 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 10 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 dog or cat 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 a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat 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. The owner shall have the animal
vaccinated against rabies between 155 days and 165 days after the
exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat 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)
Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat 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 dog or
cat 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 Village,
the veterinarian or local health department which prepared the carcass
and, if the animal is suspected to have bitten a person, that person
or the person's physician.
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 Village, 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.
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.
A.
Restrictions. It shall be unlawful for any person within the Village
of Reeseville 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.
(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.
Prohibited dangerous dog.
(1)
No person may own a prohibited dangerous dog. Any person present
with, by any reasonably observed physical association or means of
control whatsoever, or causing a presence of a prohibited dangerous
dog within the Village limits shall be irrefutably considered to own
such prohibited dangerous dog.
C.
Vicious dogs.
(1)
No person may own a vicious dog except in conformity with the following
requirements:
(a)
Leash.
[1]
No owner of a vicious dog may permit such a dog to go outside
its premises, or a form of secure confinement, unless the dog is securely
restrained with a chain, rope or other type of leash no longer than
six feet in length. For the purposes of this section, the "premises"
of an owner shall only mean that property that is owned in title or,
if leased or otherwise legally possessed, only if leased or legally
possessed exclusive of any other shared or common use by any other
lessee, legal possessor or legal occupant other than a cotenant, cosigner
or co-legal occupant to or under any lease pertaining to the premises.
[2]
No person may permit a vicious dog to be kept on a chain, rope
or other type of leash outside its premises, or a form of secure confinement,
unless a person who is 16 years of age or older, competent to govern
the dog's behavior and capable of physically controlling and restraining
the dog, is in physical control of the leash. For the purposes of
this section, the "premises" of an owner shall only mean that property
that is owned in title or, if leased or otherwise legally possessed,
only if leased or legally possessed exclusive of any other shared
or common use by any other lessee, legal possessor or legal occupant
other than a cotenant, cosigner or co-legal occupant to or under any
lease pertaining to the premises.
(b)
Confinement.
[1]
Except when an owner is in conformity with Subsection C(1)(a)[1] and [2] above, all vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen, kennel or other structure that is located on the exclusive premises of the owner and constructed in a manner that does not allow the dog to exit the pen, kennel or other structure inadvertently or upon its own volition. The pen, kennel or other structure shall have secure sides and a secure top attached to all sides. Any structure used to confine a vicious dog shall be securely 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 its sides, or the sides of such structure must be embedded in the ground at a depth of no less than two feet. A dog may be confined as required under this subsection by its secured enclosure within an area entirely surrounded by a fence of such height, depth of installation, design, structural integrity and strength so as to confine a dog and prevent its ungoverned egress from the confined area. All structures erected to house or confine vicious dogs shall comply with all zoning and building regulations of the Village.
[2]
Indoor confinement. No vicious dog may be kept on a porch, patio
or similar curtilage upon any premises or in any part of a house,
building or other structure that would allow the dog to exit the house,
building or other structure, inadvertently or upon its own volition.
No vicious dog may be kept in a house, building or other structure
when the windows are open or when screen windows or screen doors fail
to prevent such dog from exiting the house, building or other structure.
(c)
Warning signage. The owner of a vicious dog shall display, in
prominent places upon his or her premises near or about all entrances
or possible access points to the premises, signs containing letters
of not less than two inches in height and width against a pronounced
and visible contrasting color field, warning that there is a vicious
dog upon or about the property. An identical version of such sign
is required to be posted on the kennel, pen or other confining structure
of the dog. Language such as BEWARE OF DOG or substantially similar
and effective words shall be conforming to the requirements of this
subsection.
(d)
Spay and neuter requirements. Any vicious dog must be spayed
or neutered if it is known or reasonable believed, or observed to
be older than six months. The owner of any vicious dog shall possess
written proof endorsed by a licensed veterinarian that the dog has
been spayed or neutered.
(e)
Insurance and special licensing/registration. Any owner of any
vicious dog shall on or before November 1, 2016, and annually thereafter,
on or before April 1 of each ensuing year, register such dog with
the Village Treasurer as a vicious dog and, additionally, provide,
at the time of registration, a high-quality, current, color photograph
of such dog, supply proof of spaying or neutering and pay a special
registration fee of $25. At the time of registration, each owner of
any vicious dog kept with the Village limits shall provide verifiable
proof of an in-force and effective policy of liability insurance in
amounts of at least $100,000 to be paid for any acts of property damage,
injury or other liability incurred by virtue of any injury or damage
inflicted by such vicious dog. Such insurance shall name the Village
of Reeseville as a coinsured solely for the purpose of notice of cancellation
of such insurance policy. The Village Treasurer shall not issue a
license for any such vicious dog except in conformity with the requirements
of this subsection, and any license so otherwise issued shall be void.
(f)
Multifamily buildings. No vicious dog may be owned or otherwise
made present within, upon or about any portion of any multiple living
unit dwelling building or upon the lands associated therewith. For
the purposes of this subsection, a "multiple living unit dwelling"
shall mean only such building that contains three or more separate
living units such as, by nonlimiting example only, a building commonly
known as a "triplex," or larger. Real property that has been declared
a condominium pursuant to the Wisconsin Condominium Act[2] shall not constitute a multiple living unit dwelling building
under this subsection.
[2]
Editor's Note: See § 703.01 et seq., Wis. Stats.,
the Condominium Ownership Act.
(g)
Notifications. The owner of any vicious dog shall, as soon as
practical, but not more than 24 hours after any of the following events
occurrence, notify or cause notification to the Police Department
that such dog:
(h)
Limit on number of vicious dogs. The owner of any vicious dog
shall not own more than one additional dog.
(i)
Orders of court and agreements. No owner may own any vicious
dog contrary to any order issued by the court or agreement reached
with the Village Attorney and/or the Public Safety and Welfare Committee
related to the ownership of such dog.
D.
Owner's duty with respect to any dog.
(1)
An owner shall see to it that his or her dog does not go at large.
(2)
No person may own a dog that does any of the following:
(a)
Damages or attempts to damage, any public or private property,
except the exclusive private property of the dog's owner. "Damage"
shall include, but not be limited to, defacing, scratching, manning
or any type of behavior that contributes to a diminution of value.
(c)
Bites or attempts to bit a person or domestic animal;
(d)
Attempts to scratch or otherwise promote harm or engage in any
other form of accostment to a human being or domestic animal;
(e)
Puts any person in reasonable fear of attack or accostment.
(3)
Any dog shall be rebuttably presumed to have engaged in any behavior described in Subsection D(2)(a) through (e) above without provocation. It shall be upon the owner to demonstrate sufficient provocation to preclude conviction under these sections. Sufficient provocation shall be demonstrated consistent with § 178-1, Subsection B(1) through (7) of the definition of "vicious dog."
E.
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 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 not to exceed 10 feet in length and under control of
a person physically able to control it, or if it remains on the property
of its owner.
F.
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 herby adopted and incorporated herein by reference.
G.
Keeping of fowl.
[Added 1-11-2018 by Ord.
No. A-107 (Sec. 7-1-6(i) of the 1992 Code)]
(1)
Registration required. It shall be unlawful for any person in the
Village of Reeseville to own, harbor or keep any fowl without complying
with the provisions of this article relating to the registering of
the same. It shall be unlawful for any person in the Village of Reeseville
to build, erect, maintain or use any coop or house any fowl without
complying with the provisions of this article relating to the registering
of the same.
(2)
COOP
FOWL
OWNER
SLAUGHTER
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Chicken coop, chicken yard or other building or yard to keep
or house any fowl.
Any chickens or ducks kept for a domestic purpose.
Any person owning, harboring or keeping any fowl and the
occupant of any premises on which a fowl remains or to which it customarily
returns daily for a period of 10 days; such person is presumed to
be harboring or keeping within the meaning of this subsection.
The killing, processing, cleaning or disposing of any fowl
kept by an owner under this subsection.
(3)
Fowl registration.
(a)
The owner of any fowl shall, on or before the date the owner
populates any coop, register with the Village Treasurer. Such registration
shall include the name and address of the owner and the approximate
number of fowl to be kept. Such registration shall be required to
be renewed annually.
(b)
The minimum registration fee shall be $10. The registration
year shall commence January 1 and end December 31.
(c)
The Village Treasurer shall assess and collect a late fee of
$25 from every owner of any fowl if the owner failed to register prior
to April 1 of each year or if the owner failed to register on or before
the date the owner populates any coop.
(4)
Coops.
(a)
All coops shall be kept in a clean, sanitary condition and free
from all objectionable odors.
(b)
All coops shall provide a covered enclosure for the fowl.
(c)
No coop shall be located closer than 25 feet to any residential
structure on an adjacent lot and shall not exceed 25 square feet unless
permitted as an accessory building.
(5)
Restrictions.
(a)
Fowl shall be kept in a coop at all times.
(c)
All slaughter of fowls kept under this subsection must occur
indoors and away from public view.
(d)
No owner may sell any product of a slaughtered fowl.
(e)
It shall be unlawful for any person knowingly to keep or harbor
any fowl which habitually disturbs the peace and quiet of the neighborhood
in a manner as to materially disturb or annoy persons in the neighborhood
who are of ordinary sensibilities. Such fowls are declared to be a
public nuisance. A fowl is considered to be in violation of this section
when two formal, written complaints are filed with the Police Department
within a four-week period.[4]
A.
Animal control agency.
(1)
The Village of Reeseville may contract with or enter into an agreement
with such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of Reeseville does hereby delegate to any such animal
control agency the authority to act pursuant to the provisions of
this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this article, a Village law enforcement or animal
control 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.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a Village law enforcement or animal
control officer, the animal shall be impounded. The animal agency
shall care for or dispose of the animal according to its procedures.
No animal shall be released from the pound without being properly
licensed if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the animal control agency may sell the animal to
any willing buyer.
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 Police Department and shall keep such dog
or cat confined for not less than 10 days or for such period of time
as the Police Department shall direct. 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.
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 sidewalk,
street, alley or other public or private property, unless such matter
is immediately removed therefrom by said owner or person in charge.
This section shall not apply to a person who is visually or physically
handicapped.
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 or garden in any manner whatsoever,
or to defecate thereon.
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 formal, written
complaints are filed with the Police Department 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 wildcats 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).
(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 Conservation 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 subsection 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 the 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 lawful 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, 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 Village any of the following animals, reptiles
or insects:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and 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.
(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)
Ferret.
(13)
Gamecocks and other fighting birds.
(14)
Hippopotami (Hippopotamidae).
(15)
Hyenas (Hyaenidae).
(16)
Jaguars (Panthera onca).
(17)
Leopards (Panthera pardux).
(18)
Lions (Panthera leo).
(19)
Lynxes (Lynx).
(20)
Monkeys, old world (Cercopithecidae).
(21)
Ostriches (Struthio).
(22)
Pumas (Felis concolor); also known as "cougars," "mountain lions"
and "panthers."
(23)
Rhinoceroses (Rhinocerotidae).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
(28)
Except on properly zoned farms, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing
purposes unless otherwise permitted elsewhere in this Code.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens if:
(1)
Their location conforms to the provisions of Chapter 480, Zoning, of the Code of the Village of Reeseville.
(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.[1]
[1]
Editor's Note: The following original sections of the 1992 Code, which immediately followed, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 7-1-14, Sale of rabbits, chicks or artificially colored animals; Sec. 7-1-15, Providing proper food and drink to confined animals; and Sec. 7-1-16, Providing proper shelter.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer or animal control 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 owner, 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.
(3)
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.
(4)
Whenever in the opinion of any such officer or animal warden 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.
(5)
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Wis. Stats., Expenses of investigation, are hereby adopted by reference
and made a part of this article.
B.
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 the owner
of such animal cannot be located, the Village or any animal control
agency with whom the Village has an agreement or contract shall have
the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person
or organization for the cost of such treatment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Acts of cruelty prohibited. No person except a law enforcement officer
or animal warden 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.
[Amended 5-10-2018 by Ord. No. A-109]
A.
Purpose. The keeping of a large number of dogs within the Village
of Reeseville 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.
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
A parcel of land occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose
of this section, any vacant parcel or parcels adjoining a dwelling
and under the same ownership shall constitute one lot.
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession more than two
dogs on any residentially zoned lot except that a litter of pups or
a portion of a litter may be kept for not more than eight weeks from
birth. If more than one family resides on a residential lot, then
only a total of two dogs shall be allowed on the residential lot.
For the purposes of this section, the term "family" shall be defined
as one or more persons.
(2)
If a family owns or keeps more than two dogs on the premises for
which license are required, the owner(s) shall, in addition to obtaining
the required license for each dog, file a statement with the Village
Treasurer. Said statement shall acknowledge that the owner is aware
of the Village's dog limitation and he/she agrees to reduce the number
of licensed dogs on the premises to two if the Village of Reeseville
Police Department receives two formal written nuisance complaints
against the premises within a four-week period, caused by, or related
to, the number of dogs housed on the premises.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on Village-owned land within the Village of
Reeseville 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 they relate to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the Village of Reeseville
or its employees or agents from performing their official duties.
A.
Any person violating § 178-17, 178-18, 178-19 or 178-20 shall be subject to a forfeiture of not less than $100 and not more than $400. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this article.
B.
_____
(2)
An owner who refuses to comply with an order issued under § 178-5 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 fined not less than $100 nor more than $1,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
