City of Oconto Falls, WI Chapter 168 Animals

[HISTORY: Adopted by the Common Council of the City of Oconto Falls 3-13-2001 by Ord. No. 00-001; amended in its entirety 5-8-2007 by Ord. No. 07-002 (Ch. 20). Subsequent amendments noted where applicable.]

§ 168-1 Purpose.

The purpose of this chapter is to provide for the health, welfare, and safety of the residents of the City of Oconto Falls by restricting the types of animals that may be housed within the City, limiting the number of domesticated animals that may be domiciled within any single household, setting a standard of care for animals and pets, providing for quarantining of diseased animals and authorizing law enforcement and animal control officers to enforce municipal ordinances relating to the licensing and regulation of animals.

§ 168-2 Definitions.

[Amended 8-12-2008 by Ord. No. 08-004; 2-10-2015 by Ord. No. 15-002; 7-11-2023 by Ord. No. 23-004]

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

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.

CAT

Any feline, regardless of age or sex.

CHICKEN

Any variety of domesticated chicken breed of the subspecies Gallus (gallus domesticus).

COLLAR

A band, strip or chain placed around the neck of an animal.

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.

HEN

Female domesticated chicken of any age.

KENNEL

An establishment where dogs are bred, trained or boarded.

LAW ENFORCEMENT OFFICER

Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane or animal control officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.

NEUTERED

As used herein as describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.

OWNER

Any person owning, harboring or keeping a dog, cat, or other animal and the occupant of any premises on which, a dog, cat or other animal remains or to which it customarily returns daily for a period of seven days; such person is presumed to be harboring or keeping the dog, cat or other animal within the meaning of this chapter.

PET

An animal kept and treated as a domesticated or household pet.

RESIDENTIAL LOT

A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.

RESTRAINED

Includes notifying the dog's or cat's owner or an officer and requesting either the owner or officer to capture and restrain the dog, cat, or other animal or capturing and restraining the dog, cat or other animal and killing the dog, cat or other animal if the circumstances require immediate action.

ROOSTER

A male domesticated chicken of any age, including a capon or otherwise neutered male chicken.

SERVICE ANIMAL

Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Reference: Americans with Disabilities Act § 36.104.

SONGBIRD

A bird with a musical call, especially a passerine belonging to the group that includes larks, finches, and thrushes. Suborder Oscines.

STRAY OR ABANDONED ANIMAL

Any animal whose owner or custodian remains unidentified after a period of seven days.

UNTAGGED

Not having a valid license tag attached to a collar kept on the dog.

WILDLIFE

Any wild animals, birds, or other living things living in a natural undomesticated state.

§ 168-3 Adoption of statutory provisions.

The provisions of § 95.21, Wis. Stats., relating to rabies control, and Chs. 173, 174 and 951, Wis. Stats., as amended from time to time, are hereby adopted and incorporated by reference.

§ 168-4 License required for dogs.

A. Licensing of dogs. It shall be unlawful for any person in the City of Oconto Falls to own, harbor or keep any dog more than five months of age on January 1 of any year or five months of age within the license year without complying with the provisions of §§ 174.05 to 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

[Amended 8-12-2008 by Ord. No. 08-004; 2-10-2015 by Ord. No. 15-002]

(1) The license fees for such dogs will be as set from time to time by the Common Council.

(2) Licenses are for the calendar year and shall not be prorated.

(3) Proof of rabies vaccinations having been given to such dog must be provided before a license will be issued, such shots being required at least each three years.

B. Late fees. The City Administrator - Clerk/Treasurer shall assess and collect a late fee, as determined from time to time by the Common Council, 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. The late fee shall be in addition to the required license fee.

[Amended 2-10-2015 by Ord. No. 15-002]

C. Service animals. Notwithstanding the forgoing, all service animals specifically trained to work or perform tasks for the benefit of an individual with a disability are exempt from the licensing tax, and every person owning such dog shall receive annually a dog license from the City Administrator - Clerk/Treasurer at no charge upon proper application therefor and proper vaccination as required in § 168-3.

D. Evidence of unlicensed dog. 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 City law enforcement or humane officer shall seize, impound, or restrain any dog for which a dog license is required which is found without such a tag.[1]

[Amended 2-10-2015 by Ord. No. 15-002]

[1] Editor's Note: Original § 20.04E, Leader dogs, which immediately followed this subsection, was deleted 8-12-2008 by Ord. No. 08-004. See Subsection C, Service animals, of this section.

E. A dog shall be deemed as being of a vicious disposition if, within a twelve-month period, it bites two or more persons or inflicts serious injury to one person. Any dog that is deemed vicious shall have the City dog license permanently revoked.

[Added 9-12-2017 by Ord. No. 17-002]

F. The owner of a dog involved in two or more rabies quarantine procedures (dog bites causing injury), anywhere in the State of Wisconsin over the life of the animal, will be refused a license in the City of Oconto Falls.

[Added 9-12-2017 by Ord. No. 17-002]

§ 168-5 Rabies vaccination required for dogs and cats.

A. Vaccinations.

(1) The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within 30 days after the dog or cat reaches five months of age and revaccinated within one year after the initial vaccination.

(2) If the owner of a dog or cat brings the animal into the City after the dog or cat has reached five months of age, the owner of the dog or cat shall have the dog or cat vaccinated against rabies within 30 days after the animal is brought into the City, unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination.

(3) The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date of expiration of the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet all the requirements of § 95.12(2), Wis. Stats.

[Amended 8-12-2008 by Ord. No. 08-004]

B. Vaccination tag. The rabies vaccination tag shall be attached to the collar of the dog or cat and kept on the animal at all times. Should the tag become lost the owner shall immediately acquire a duplicate tag and ensure that the duplicate tag is securely attached to the dog's or cat's collar and kept on the animal at all times. The requirements of this subsection do not apply to a dog or cat which is not required to be vaccinated under § 168-3.

C. Cost of vaccination borne by owner. The owner of the dog or cat shall pay the entire 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.

§ 168-6 Rabies quarantine.

A. Dogs and cats confined.

(1) If a district is quarantined for rabies, all dogs or cats within the City 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 law enforcement officers shall cooperate in the enforcement of the quarantine.

(2) A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination, is exempt from Subsection A(1) if a rabies vaccination tag is attached to the dog's or cat's collar and the collar is present on the animal.

B. Quarantine of an animal suspected of biting a person or being infected or exposed to rabies.

(1) A 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 a quarantine cannot be imposed because the animal cannot be captured, the officer is authorized to 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) If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, 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 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.

[Amended 8-12-2008 by Ord. No. 08-004]

(3) Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any and all expenses incurred in connection with keeping an animal suspected of having rabies 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.

§ 168-7 Kennels.

A. Kennels prohibited. The operation of kennels within the City of Oconto Falls for the purpose of training, breeding or boarding dogs is prohibited.

[Amended 8-12-2008 by Ord. No. 08-004]

B. Exceptions. This section does not prohibit licensed veterinarians from boarding animals for medical treatment as part of the veterinarian's practice in a facility zoned for such purpose in accordance with Chapter 480, Zoning, of the City Code and does not prohibit the City of Oconto Falls from boarding animals as required by City ordinance and state statutes.

§ 168-8 Restrictions on keeping of dogs, cats, fowl and other animals.

[Amended 2-10-2015 by Ord. No. 15-002; 7-11-2023 by Ord. No. 23-004]

A. Restrictions. It shall be unlawful for any person within the City of Oconto Falls to own, harbor or keep any dog, cat or chicken which:

(1) Habitually pursues any vehicle upon any public street, alley, highway, or park in the City.

(2) Assaults or attacks any person as described in Subsection B or destroys property.

(3) Is at large within the corporate limits of the City.

(4) Habitually barks or howls to the annoyance of the population.

(5) Kills, wounds, or endangers 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.

(8) Is an unlicensed chicken.

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.

(2) No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after motor vehicles, passing public, or bicyclists.

C. 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 City. 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 shall be seized and impounded by an 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 or is trained and in the immediate company of a person to whom it immediately responds and obeys (e.g., a dog playing a game of fetch in a field or walking alongside its owner or a member of the owner's immediate family), if such person is over the age of 12 years.

(3) Other exceptions may be made for animals such as homing pigeons as long as they do not endanger the safety of the citizens of Oconto Falls.

(4) A service animal (as defined in § 168-2) shall not be considered running at large whether or not the animal is on a leash if the animal is in the immediate company of the owner or immediately responds and obeys (e.g., a dog playing a game of fetch in a field or walking alongside its owner, a member of the owner's immediate family or the assisting individual of the service animal's owner).

D. Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, beach, or swimming area within the City. Dogs and cats are prohibited from being in cemeteries. All service animals (as defined in § 168-2) are exempt from this subsection.

§ 168-9 Duty of owner in case of dog or cat bite.

[Amended 8-12-2008 by Ord. No. 08-004]

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 such period of time as a law enforcement officer or animal control officer shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement, health, or animal control officer upon demand for examination.

§ 168-10 Injury to property by animals.

A. Damage prohibited. 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 defecate thereon.

B. Owner responsibility.

(1) Animals owners shall be liable for all damage caused by animals in their charge inclusive of the expenses incurred to recover damages as well as penalties.

(2) The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dog or cats together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

§ 168-11 Barking dogs or crying cats.

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 or 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.

§ 168-12 Prohibited and protected animals, fowl, reptiles and insects.

[Amended 7-11-2023 by Ord. No. 23-004]

A. 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 City of Oconto Falls 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), or Mexican ridley turtle (Lepidochelys kempi).

B. 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).

C. Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into the City of Oconto Falls 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.

D. 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, institution of higher learning, or persons holding federal permits, or by a person holding a scientific collector's 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.

E. Prohibition on keeping wild animals. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the City of Oconto Falls any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile or 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 City 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 (Syinphalangus).

(3) Baboons (Papoi, Mandrillus).

(4) Bears (Ursidae).

(5) Bison (Bison).

(6) Cheetahs (Acinonyx jubatus).

(7) Crocodilians (Crocodilia), 20 inches in length or more.

(8) Constrictor snakes, three 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) Iguanas.

(16) Jaguars (Panthera onca).

(17) Leopards (Panthera pardus).

(18) Lions (Panthera leo).

(19) Lynxes (Lynx).

(20) Monkeys, old world (Cercopithecidae).

(21) Ostriches (Struthio).

(22) Piranha fish (Characidae).

(23) Pumas (Felis concolor), also known as cougars, mountain lions and panthers.

(24) Rhinoceroses (Rhinocero tidae).

(25) Sharks (class Chondrichthyes).

(26) Snow leopards (Panthera uncia).

(27) Tigers (Panthera tigris).

(28) Wolves (Canis lupus).

(29) Poisonous insects.

(30) Bees, wasps and hornets.

(31) Except in properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens, alligators or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code.

F. Exceptions; pet shops. The prohibitions of Subsection E 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 City Code.

(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, unless a special permit is obtained from the City. Exception: Chicken coops may be within 10 feet of buildings; must comply with Chapter 480, Article XI, Accessory Uses and Structures.

G. 

Licensing and keeping of chickens. Chickens (hens only) may be kept in accord with the following requirements and standards:

A. License. Prior to establishing the use, a license shall be obtained from the City Clerk for the keeping of chickens and the construction of the coop and related fencing. The application for the license shall include a location sketch of the coop and fencing, showing property lines and nearby structures. A fee shall be paid with submittal of the application in accord with the City's Fee Schedule.

B. Limitation.

(1) No person or persons may keep more than six chickens, or any combination of those exceeding six in number, per dwelling unit. Chickens shall be hens only; no roosters.

C. Shelter and fencing. (See also City Code § 480-83, Accessory structure.) Chickens shall be kept in a coop and shall have an adjacent fence-enclosed area. The coop and fenced area shall be located in the rear yard only. The coop and fenced area shall not exceed 50 square feet in area or eight feet in height. The coop and fenced area shall not be closer than 10 feet to any lot line. Such facilities shall not conflict with any public or private utilities, drainage facilities or any easements related thereto.

D. Public nuisance. Keeping Chickens shall not cause a public nuisance due to noise, odors, unsanitary conditions or any operational features. The City may take enforcement actions as necessary to abate any public nuisances in accord with public nuisance ordinance.

E. Personal use only. The keeping of chickens shall be for the personal use of the owner. There shall be no business operations wherein the owner receives any compensation or trade for eggs, meat or the sale of chickens.

F. Deed restrictions or covenants. It shall be the property owner's responsibility to verify that keeping of chickens are permitted uses in any deed restrictions or covenants applicable to the subject property.

G. Penalty. Any person who violates this section shall be subject, on conviction, to a forfeiture in the amount of not less than $50 nor more than $500, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense. Repeated or ongoing violations may result in destruction of chickens.

State law reference(s) — See Title 1, General Provisions, Ch. 1-1, Art. III.

§ 168-13 Providing proper food and drink to confined animals.

[Amended 7-11-2023 by Ord. No. 23-004]

A. Proper care. 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. Feeding. The food shall be sufficient to maintain all animals in good health.

C. Watering. 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.

§ 168-14 Providing proper shelter.

[Amended 7-11-2023 by Ord. No. 23-004]

No person owning or responsible for the care of any animal may fail to provide the animal with the proper shelter required for the species of animal possessed, including:

A. Shelter from inclement weather.

B. Shelter from direct sunlight.

C. Ambient temperatures that are compatible with the health of the animal.

D. Adequate ventilation.

E. Sanitation standards that include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

§ 168-15 Neglected or abandoned animals.

A. Abandonment/neglect. No person may abandon or neglect an animal.

B. Impoundment authorized. Any law enforcement 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 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. Owner unavailable. If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within seven days' notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

D. Injured/diseased animal. 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. Destroying animal authorized. Stray or abandoned animals shall be disposed of by the City in the most humane manner possible as determined by the Chief of Police or animal control officer.

§ 168-16 Sick or 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.

§ 168-17 Cruelty to animals and birds prohibited.

A. Acts of cruelty prohibited. No person shall, within the City of Oconto Falls, commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs. A law enforcement officer or animal control officer may destroy dangerous, sick, injured or diseased animals.

B. Leading animal from motor vehicle. No person shall lead any animal upon a City street from a motor vehicle, tractor, snowmobile, all-terrain vehicle (ATV), or from a trailer or semitrailer drawn by a motor vehicle.

C. Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in § 961.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.

D. Shooting at caged or staked animals. No person may instigate, promote, aid, or abet as a principal, agent, employee, participant or spectator or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon of any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

§ 168-18 Limitations on number of animals.

[Amended 8-12-2008 by Ord. No. 08-004; 7-11-2023 by Ord. No. 23-004]

A. Maximum number. It shall be unlawful to keep more than three animals of any species over six months of age in any one household or in any multifamily building. Excepted are litters of offspring from one female dog or cat which may be kept for not more than 16 weeks from birth.

B. Exceptions. The limitation of dogs within a multifamily building may be exceeded by the ownership or control of a service dog.

§ 168-19 Animal feces.

A. Responsibility for excrement cleanup. It shall be unlawful for any person to cause or permit any animal, specifically including but not limited to dogs and cats, to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. Any person causing or permitting a dog or cat to be on property not owned or possessed by such person shall immediately remove all excrement of such dog or cat to a receptacle located upon property owned or possessed by such person. No person shall permit his or her dog or cat or other animal to excrete feces upon public rights-of-way or in any park in the City. This section shall not apply to a person who is visually or physically handicapped.

B. Owner's property. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his property by regularly patrolling and properly disposing of the fecal matter.

C. Rental property. Any owner of property rented to others must ensure that tenants do not permit the accumulation of animal waste on the rental property by ensuring that tenants regularly patrol and properly dispose of fecal matter.

§ 168-20 Feeding of wildlife.

A. Prohibition. It is strictly prohibited to feed wildlife within the City limits of the City of Oconto Falls.

B. Exception for songbirds. An exception shall be made for the feeding of songbirds allowing persons to maintain songbird feeders as long as the increased wildlife activity caused by the feeders does not negatively affect the health, welfare, or safety of the residents of the City of Oconto Falls.

§ 168-21 Dog pens.

A. Building permit required. Any party constructing a dog pen within the City of Oconto Falls will be first required to obtain a building permit from the City Building Inspector for the sum set from to time by the Common Council.

B. Setbacks required of dog pens. No dog pen may be constructed within the City of Oconto Falls closer than 15 feet to a neighbor's property line, and no dog shall be tied so that it is closer than 15 feet to such neighbor's property line.

§ 168-22 Enforcement.

[Amended 7-11-2023 by Ord. No. 23-004]

It shall be the responsibility of all municipal law enforcement officers and appointed humane or animal control officers to enforce the provisions of this chapter. Persons enforcing this chapter shall have the right to detain the animals of persons violating this chapter. Upon conviction, the court may order the destruction of said animals. All fees associated with detaining and destroying said animals are the responsibility of the owner.

§ 168-23 Violations and penalties.

A. Except as otherwise provided in Subsection B, any person violating this chapter shall be subject to a forfeiture described in § 1-9 of this Code, together with the costs of prosecution.

[Amended 8-12-2008 by Ord. No. 08-004

B. An owner who refuses to comply with an order issued under § 168-9 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 along with any costs of prosecution.

C. Nothing in this chapter shall prevent the City Attorney from applying to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.

[Amended 8-12-2008 by Ord. No. 08-004]

§ 168-24 Impoundment fees.

A. Fees and expenses to be paid by dog and cat owners. Upon claiming of an impounded dog or cat, the owner shall show proof of dog license and pay an impoundment fee per dog, a daily boarding and maintenance fee per day, any and all veterinarian fees associated with the care of the animal and, in the absence of a license, the animal license fee along with any penalty assessed, as established in the Oconto Falls Fee Schedule.

B. Fees and expenses to be paid by other animal owners. Upon claiming of an impounded animal, other than a dog or cat, the owner shall pay an impoundment fee per dog, a daily boarding and maintenance fee per day, and any and all veterinarian fees associated with the care of the animal, as established in the Oconto Falls Fee Schedule.