City of Weyauwega, WI
Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 1 of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 357.
Parks and recreation — See Ch. 365.
Peace and good order — See Ch. 370.
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 within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog, shall be deemed to be upon the owner's premises.
[Amended 7-19-2010 by Ord. No. 2010-02]
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 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 and the occupant of any premises on which a dog 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 within the meaning of this definition.
[Amended 7-19-2010 by Ord. No. 2010-02]
PET
An animal kept and treated as a 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.
RESTRAIN
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 or cat, or capturing and restraining the dog or cat, and killing the dog or cat if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
[1]
Editor's Note: Original Sec. 7-1-1(a), License required, which immediately preceded this section, was repealed 7-19-2010 by Ord. No. 2010-02. See § 190-3, Dog and kennel licenses.
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 City of Weyauwega 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 City 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 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.[1]
[1]
Editor's Note: 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 City 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, and the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control of the United States Department of Health and Human Services and the City of Weyauwega.
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 City of Weyauwega 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, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.
(3) 
Dog owners shall pay the City Administrator annually the sum as set by the City Council for each neutered male dog and spayed female dog and for each unneutered male or unspayed female dog.[1]
[1]
Editor's Note: See Ch. A600, Fees.
(4) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 190-2 of this chapter, the City Administrator shall complete and issue to the owner a license for such dog containing all information required by state law. The City Administrator 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, except as provided in § 190-2E.
(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 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 the dog license tax, and every person owning such a dog shall receive annually a free dog license from the City Administrator upon application therefor.
B. 
Kennel licenses.
(1) 
Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as set by the City Council. Upon payment of the required kennel license tax and, if required by the City Council, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the City Administrator shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be located in residential areas following a public hearing and approval by the City Council; the City Council may attach conditions to such approval as a conditional use under the City's Zoning Code.[2]
[2]
Editor's Note: See Ch. 530, Zoning, and Ch. A600, Fees.
(2) 
The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
(3) 
The term "kennel" means any establishment wherein or whereon three or more dogs are kept.
(4) 
No kennel license shall be issued to the keeper or operator of a kennel who fails to provide proper food and drink and proper shelter for the dogs in said kennel or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon their own initiative. Expressly incorporated by reference in this section as minimum standards for kennel keepers or operators are the relevant provisions of Ch. 951, Wis. Stats.
(5) 
A condition of a kennel license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate City officials without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any kennel be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to City ordinances.
The City Administrator shall assess and collect a late fee as set by the City 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. Said late fee shall be charged in addition to the required license fee.[1]
[1]
Editor's Note: See Ch. A600, Fees.
A. 
Dogs and cats confined. If a district is quarantined for rabies, all dogs and 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 officers shall cooperate in the enforcement of the quarantine. The Chief of Police shall promptly post in at least three public places in the City notices of quarantine.
B. 
Exemption of vaccinated dog or cat from City 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 City 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. An officer or animal warden 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 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. An officer or animal warden 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 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 City, 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 City, 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.
A. 
Nuisance or dangerous animals. It shall be unlawful for any person within the City of Weyauwega to own, harbor or keep any dog or other domestic animal or fowl which:
[Amended 7-19-2010 by Ord. No. 2010-02]
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the City.
(2) 
Assaults or attacks any person or destroys property.
(3) 
Is at large within the limits of the City.
(4) 
Repeatedly breaks from leash or enclosure and trespasses or defecates upon property other than that on which the animal is kept.
(5) 
Habitually barks, howls or makes other noise audible beyond the property upon which the animal is kept during any hour of the day or night.
(6) 
Kills, wounds or worries any domestic animal.
(7) 
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.
(8) 
In the case of a dog, is unlicensed.
(9) 
Is kept or tied in a manner so as to prevent reading of meters by utility personnel.
(10) 
Otherwise disturbs the peace and quiet of the City of Weyauwega.
B. 
Vicious dogs and animals.
[Amended 11-16-2015 by Ord. No. 2015-6]
(1) 
For purposes of this provision, a "vicious animal" is defined as:
(a) 
Any animal that has, according to public records, been found by a court to have bitten, injured or assaulted any person while off the premises of that animal's owner, unless that decision also contains a finding the bite or assault was due to provocation.
(b) 
Any animal whose owner has pled no contest or guilty to a charge of that animal biting, assaulting or injuring a person.
(c) 
Any animal that has been declared a nuisance for acting in violation of Subsection A(2) or (6) of this section or whose owner has been convicted of Subsection B(3) below for that animal's action.
(2) 
No person shall keep a vicious animal in the City of Weyauwega except in compliance with the below.
(a) 
No vicious animal shall be allowed off the premises of its owner unless muzzled and on a leash in the charge of the animal's owner or a member of the owner's family in excess of 16 years of age.
(b) 
The owner of any vicious animal shall maintain public liability insurance for the animal in a single incidence amount of not less than $50,000 for bodily injury or death of any person or damage to any property caused by the animal.
(3) 
No person shall allow an animal under their ownership or under their control to bite, injure or assault a person while off the premises of such owner. It shall be a defense to this provision if the animal was unduly provoked.
C. 
Animals running at large.
[Amended 7-19-2010 by Ord. No. 2010-02]
(1) 
No person having in his/her possession or ownership any dog or other domestic 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/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 City ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
(2) 
An animal shall be deemed to be running at large when it is on any of the public streets, alleys, parks or other public grounds of said City or any other premises in said City other than the premises of its owner, unless physically restrained by a leash, chain, or enclosure or otherwise under the control of its owner, a servant, agent or a member of his/her family of suitable age and discretion to provide effective physical restraint of the dog or other domestic animal.
D. 
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 and quiet of 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 subsection when complaints are filed with the Police Department pursuant to Subsection E below.
E. 
Enforcement.
(1) 
Upon any written complaint to the Police Department, warnings may be issued to the owner of a dog or other animal engaging in the above conduct that said animal may be in violation of this section.
(2) 
Upon any two written complaints in one year by one or more persons, a citation may be issued to the owner of a dog or other animal engaging in the above conduct, subject to forfeiture as provided in § 190-21.
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 hereby adopted and incorporated herein by reference.
G. 
Trapping and impounding of animals by Police Department. Upon complaint of any real property owner or tenant thereupon that a dog or other domesticated animal is running at large in violation of this section, the Police Department is authorized to live trap said animal and impound it if, in the opinion of the officer responding to the complaint, such action is warranted. Any dog, licensed or unlicensed, or other domestic animal in violation of this section shall be impounded at the place provided by the City as the City impoundment facility.
[Amended 7-19-2010 by Ord. No. 2010-02]
H. 
Prohibited animals. It shall be unlawful for any person to harbor, keep or in any way have or allow physical possession of the following animals within the City limits:
[Added 11-16-2015 by Ord. No. 2015-6]
(1) 
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal, including but not limited to nonhuman primates, raccoons, skunks, foxes and wild and exotic cats.
(2) 
Any animal that gives poisonous bites.
A. 
Animal control agency.
(1) 
The City of Weyauwega 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 impounded animals and for assisting in the administration of rabies vaccination programs.
(2) 
The City of Weyauwega 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 forfeiture penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control officer may impound any dog or other animal which habitually pursues any vehicle upon any street, alley or highway of this City, assaults or attacks any person, is at large within the City, habitually barks, cries or howls, kills, wounds or worries any domestic animal, or is infected with rabies or otherwise violates any provision of this chapter.
[Amended 7-19-2010 by Ord. No. 2010-02]
C. 
Claiming animal; disposal of unclaimed animals.
(1) 
Seizure. A law enforcement officer or any animal control officer appointed by the City Council may attempt to capture and restrain dogs or other animals running at large or in other violation of this chapter and shall confine and capture or restrain animals in a suitable dog pound or other enclosure. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded.
(2) 
Retention and disposition of unclaimed animals. All dogs or other animals apprehended shall be kept for no less than seven days at the dog pound or other enclosure, and if such animal is not claimed by the rightful owner, representative or keeper, within such time, said animal shall be transmitted to the humane society or other designated animal control facility to be handled in accordance with Wisconsin Statutes and the policies of that facility.
(3) 
Notification. A person who captures or restrains a dog or other animal shall notify or deliver the dog or other animal to the pound or humane society or to any officer within 12 hours of capture or restraint. Any police officer or City official to whom a dog or other animal is delivered shall attempt to notify the owner as soon as possible if the owner is known or can be ascertained with reasonable effort.
(4) 
Claiming animals. The owner or representative or keeper of any dog or other animal so confined may reclaim such animal from the Police Department at any time before transmittal to the pound if the owner, representative or keeper:
(a) 
Gives his or her name and address.
(b) 
Presents evidence that the dog is licensed and presents evidence that the dog is vaccinated against rabies, or a receipt from a licensed veterinarian for prepayment of a rabies inoculation.
(c) 
Pays the cost of apprehending, boarding fees, necessary medical treatment and impounding fees, if any.
(5) 
Impounding costs. Before any owner can claim and resume possession of any animal impounded under this section, he/she shall pay to the Police Department the sum as set by the City Council plus an amount as set by the City Council per day or any fraction thereof during which the animal has been impounded or such sum as the City Council may from time to time establish (or such fees established by the animal control facility, if used).[1] In addition, before an unlicensed dog is released, a license shall be obtained for each unlicensed dog. In the event that an impounded animal is injured or diseased, or if it is unclaimed after seven days of impoundment, it shall be disposed of in a proper and humane manner.
[1]
Editor's Note: See Ch. A600, Fees.
D. 
City not liable for impounding animals. The City and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.
A. 
If any animal, for which the owner holds a current rabies certificate, is involved in a bite or a scratch incident, the owner shall isolate and confine the animal under the supervision of a licensed veterinarian for at least 10 days from the date of the incident. Supervision of a veterinarian includes, at a minimum, examination of the animal on the first day, on the 10th day, and on one intervening day. If the animal is confined at the residence of the owner, it must not be allowed to come in contact with other animals or people. It cannot be left unattended outside.
B. 
The animal can be taken outside of the residence only to relieve itself, under restraint and under the supervision of an adult.
C. 
Any animal involved in a bite or scratch incident that has not been vaccinated, or has not been revaccinated within the prescribed times, must be confined at a veterinary hospital under the supervision of a veterinarian for 10 days.
D. 
Under no circumstances can the owner sell, give away, or destroy the animal until it has been released by a licensed veterinarian after the ten-day confinement (quarantine) period.
[Amended 11-16-2015 by Ord. No. 2015-6]
A. 
Keeping of pit bull dogs regulated.
(1) 
It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Weyauwega a pit bull dog except in compliance with all the terms and conditions of this section.
(2) 
"Pit bull dog," as that term is used in this section, is defined to include any of the following:
(a) 
The Staffordshire bull terrier breed of dog.
(b) 
The American pit bull terrier breed of dog.
(c) 
The American Staffordshire terrier breed of dog.
(d) 
Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.
B. 
Keeping of pit bull dogs. Any owner, keeper or harborer of pit bull dogs registered with the City of Weyauwega; keeping, owning or harboring of such dogs is, however, subject to the following conditions:
(1) 
Registration and licensure. In addition to and notwithstanding the license requirements of § 190-3 of this Code, all owners, keepers or harborers of pit bull dogs shall, within 10 days after coming into possession of the dog, apply for a license and register said dog with the City by filing with the Police Department. In addition to any other license requirements, the owner, keeper or harborer shall provide two color photographs of the dog clearly showing the color and approximate size of the dog.
(2) 
Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(3) 
Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection B(2). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(4) 
Confinement indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.
(5) 
Signs. All owners, keepers or harborers of registered pit bull dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(6) 
Insurance. All owners, keepers or harborers of pit bull dogs must, within 30 days of the effective date of this section, provide proof to the Police Department of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made without 10 days' written notice first given to the Police Department.
(7) 
Reporting requirements. All owners, keepers or harborers of pit bull dogs must, within 10 days of any provide written notice to the Police Department of the following occurrences:
(a) 
The removal from the City or death of a registered pit bull.
(b) 
The birth of offspring of a registered pit bull dog.
(c) 
The new address of a registered pit bull dog should the dog be moved within the City of Weyauwega.
(d) 
If the registered pit bull dog is sold, the name and address of the new owner.
(8) 
Animals born of registered dogs. All offspring born of pit bull dogs registered within the City must be removed from the City within six weeks after the birth of said animal.
[Amended 7-19-2010 by Ord. No. 2010-02]
A. 
Removal of fecal matter. The owner or person in charge of any dog, horse, 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 therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.
B. 
Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.
[Amended 7-19-2010 by Ord. No. 2010-02]
It shall be unlawful for any person owning or possessing an animal or dog to permit such animal or dog 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.
A. 
No dog, cat or other animal shall be allowed in any City park except on a leash. Pet owners shall comply with the provisions of § 190-10 while in parks.
B. 
Animals are prohibited at any time in cemeteries.
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 City 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), 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 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 City 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, a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, any party so authorized by the City Council, or any person or organization licensed to present a circus, except that such parties shall also have a conditional use permit issued by the City Council.
C. 
Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the City 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/her possession or under his/her 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 (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) 
Game cocks 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 (class Chondrichthyes).
(24) 
Snow leopards (Panthera uncia).
(25) 
Tigers (Panthera tigris).
(26) 
Wolves (Canis lupus).
(27) 
Poisonous insects.
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 530, Zoning, of this 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.
E. 
Farm animals; miniature pigs.
(1) 
Except as provided in § 190-19 regarding miniature pigs, it shall be unlawful for any person, firm, or corporation to own, house, keep or possess, in any area within the City of Weyauwega which is zoned as a single-family or multifamily residential district or in a general business or highway business district, any animals commonly known as farm animals, including but not limited to cows, horses, pigs, chickens, goats, sheep, turkeys, roosters, ducks and fowl.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Chief of Police shall have the authority, in addition to other penalties provided herein, to impound said animals as set forth in this Code of Ordinances.[2]
[2]
Editor's Note: Original 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, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 951.10, 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in § 370-1 of this Code.
A. 
Neglected or abandoned animals.
(1) 
No person may abandon any animal.
(2) 
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.
(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, 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/she shall prove that such killing was unwarranted.
(5) 
Section 173.10, Investigation of cruelty complaints, and § 174.24, Reimbursement of expenses, Wis. Stats., are hereby adopted by reference and made a part of this chapter.
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 that the owner of such animal cannot be located, the City or any animal control agency with which the City 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 costs of such treatment.
No person except a law enforcement or animal control officer in the pursuit of his/her duties shall, within the City, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also §§ 951.04, 951.06, 951.07 and 951.09, Wis. Stats., adopted by reference in § 370-1 of this Code.
A. 
Purpose. The keeping of a large number of dogs and cats within the City of Weyauwega 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 and cats is, therefore, declared a public nuisance.
B. 
Number limited.
(1) 
No person or family shall own, harbor or keep in his or its possession more than three dogs and three cats in any residential unit without the prior issuance of a kennel license by the City Council, except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.
(2) 
The above requirement may be waived with the approval of the City Council when a kennel license has been issued by the City pursuant to § 190-3B. Such application for waiver shall first be made to the Police Department.
A. 
In the interest of public health and safety, it shall be unlawful for any person, in or on City-owned land within the City of Weyauwega, 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 Ch. 29, Wis. Stats., as it relates to trapping.
D. 
This section shall not apply to trapping on private property.
E. 
Nothing in this section shall prohibit or hinder the City of Weyauwega or its employees or agents from performing their official or authorized duties.
A. 
It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the City unless the bees are kept in accordance with the following provisions:
(1) 
No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. Such hives, stands or boxes may only be located in the rear yard.
(2) 
If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.
(3) 
Fresh, clean watering facilities for bees shall be provided on said premises.
(4) 
The bees and equipment shall be kept in accordance with the provisions of state law.
(5) 
A conditional use permit shall first be obtained pursuant to the City Zoning Code.
B. 
Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located within a school or university building for the purpose of study or observation.
A. 
Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
VIETNAMESE POTBELLIED PIG
A purebred Vietnamese potbellied pig registered through a North American Vietnamese potbellied pig registry which does not exceed 100 pounds in weight.
B. 
General requirements. It is unlawful for any person, party, firm or corporation to keep or maintain within the City of Weyauwega limits a Vietnamese potbellied pig without complying with the standards in this section. Excepted from the license requirement is any law enforcement agency or agency under contract with the City to care for stray or unwanted animals.
C. 
Condition of maintenance. Owners shall comply with the following requirements:
(1) 
Animal feces shall be collected on a daily basis and stored in a sanitary receptacle. Animals shall not be brought, or permitted to be, on property, public or private, not owned or possessed by the owner or person in charge of the animal, unless such person has in his/her 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.
(2) 
When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow an animal kept outdoors to protect itself from the direct rays of the sun.
(3) 
An animal kept outdoors shall be provided with access to shelter to allow it to remain dry during rain or snow. Animals may be kept outdoors only if contained in a fenced enclosure sufficient for purposes of restraint.
(4) 
When the atmospheric temperature is less than 50° F., an animal shall be kept indoors at a temperature no less than 50° F., except for temporary ventures which do not endanger the animals health.
(5) 
An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained where a problem.
(6) 
Animals shall be fed and watered at least once a day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to the animal and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be cleaned daily. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dry food and they shall be sanitized as needed, but at least once per week, to prevent molding, deterioration or caking of feed.
(7) 
Animals may not be permitted to exceed 100 pounds in weight.
(8) 
Animals shall be examined by a veterinarian within a period of 60 days prior to a new license application being filed. The animal may be licensed only upon a written statement from a veterinarian as to:
(a) 
The animal's weight.
(b) 
The animal has received all recommended vaccinations and boosters.
(c) 
The animal is asymptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.
(d) 
The animal's tusks, if any, have been removed or trimmed so as not to endanger any person or animal.
(e) 
The animal has passed a pseudorabies test administered in accordance with application state regulations.
(9) 
The animal shall not be permitted to run at large. "Run at large" shall mean the presence of an animal which is not on a leash of six feet or less on any public property or thoroughfare or on any private property. An animal may be unleashed on private property, with the permission of the property owner, in a fenced enclosure sufficient for purposes of restraint. Animals which are not leashed in a motor vehicle shall not be deemed to "run at large" if secured in a manner as will prevent their escape therefrom.
(10) 
Animals shall not be kept in a manner as to disturb the peace of the neighborhood or of persons passing to and from upon the streets.
No person shall ride horseback on any City street within the City of Weyauwega from the hours of 1/2 hour after sunset to 1/2 hour before sunrise.
[Amended 7-19-2010 by Ord. No. 2010-02; 11-16-2015 by Ord. No. 2015-6]
A. 
Any person who violates any provision of this chapter shall be subject to a forfeiture of not less than $50 and not more than $500. This section shall also permit the City Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter in addition to any enforcement action.
B. 
Nothing in this code shall limit the availability and applicability of the procedures and remedies of Chapter 174, Wis. Stats.
C. 
Each day that a violation of this chapter continues shall be deemed a separate violation. Any animal found to be the subject of a violation of this chapter shall be subject to immediate seizure, impoundment and removal from the City by City officials if the owner or keeper of the animal fails to comply with the requirements of this section. In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including shelter, food, handling and veterinary care, necessitated by the enforcement of this chapter.
[Added 3-20-2006 by Ord. No. 2006-02]
A. 
License.
(1) 
Required. Any person owning, keeping or harboring a cat more than five months of age on January 1 of any year or five months of age within a license year shall, annually, on or before the date the cat becomes five months of age, pay the cat license fee and obtain a license.
(2) 
Application. A written application for a license, which shall include the name and address of the applicant and the name, sex, breed and color of the cat and the appropriate fee, shall be made to the City Administrator. The application shall indicate whether the cat is spayed or unspayed or neutered or unneutered, and the applicant shall present evidence from a licensed veterinarian documenting if the cat is spayed or neutered and that the cat is currently immunized against rabies. During the first year after this section is adopted, for good cause, the Administrator may waive the requirement that an applicant present evidence from a licensed veterinarian that a cat is spayed or neutered. If this requirement is waived, the applicant shall sign a statement indicating whether the cat is spayed or neutered.
(3) 
License fee. The yearly license fee shall be as set by the City Council for each neutered male cat and spayed female cat, upon presentation of evidence from a licensed veterinarian that the cat is neutered or spayed, and as set by the City Council for cats not spayed or neutered.[1]
[1]
Editor's Note: See Ch. A600, Fees.
(4) 
Late fee. The City Administrator shall assess and collect a late fee as set by the City Council from every owner of a 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 cat or if the owner failed to obtain a license on or before the cat reached licensable age.
(5) 
Tag. Upon payment of the required cat license fee and evidence that the cat is currently immunized, the Administrator shall issue to the owner a license and a durable tag with an identifying number and the license year. The license year shall commence on January 1 and shall end the following December 31.
(6) 
Tag to be worn. Cats shall wear identification tags at all times when off the premises of the owner, except when participating in any organized show or training situation. The fact that a cat is without a license tag attached to its collar shall be presumptive evidence that the cat is unlicensed.
(7) 
Lost tag. In the event that a license tag issued for a cat shall be lost, the owner may obtain a duplicate tag upon payment of a fee as set by the City Council.
(8) 
Public information. The City Administrator shall maintain a record of the identifying numbers of all tags issued and shall make this record and the application available to the public at all times. A duplicate list of all licensed cats and the names of the owners and identifying numbers of all tags shall be maintained at the Police Department.
B. 
Cats running at large and untagged cats.
(1) 
Definitions. In this subsection, unless the context or subject matter otherwise requires, the following definitions apply:
OWNER
Any person owning, harboring or keeping a cat, and the occupant of any premises on which the cat remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the cat within the meaning of this definition.
RUN 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 cat within an automobile of any other person with the consent of the cat's owner shall be deemed to be upon the owner's premises.
(2) 
It is unlawful for any owner of a cat to negligently or otherwise permit the cat to run at large.
(3) 
Except as provided in Subsection A(6) above, it is unlawful for any owner of a cat to negligently or otherwise permit the cat to be untagged when off the premises of the owner. A cat is considered to be untagged if a valid license tag is not attached to a collar which is kept on the cat.
C. 
Impounding and disposition of cats. The provisions of § 173.13, Wis. Stats., on taking custody of animals, are adopted by reference, incorporated herein and made applicable to cats. Also, the provisions of §§ 173.15 to 173.27, Wis. Stats., are adopted by reference, incorporated herein and made applicable to cats. The City may treat any cat taken into custody as an unclaimed cat subject to disposition if, within seven days after custody is taken of the cat, it is not claimed by and returned to its owner. A law enforcement officer who takes a cat into custody without the knowledge of the owner shall promptly notify the owner if he/she can be identified and located with reasonable effort, as provided by law.
D. 
Other regulations.
(1) 
Setting cats at large prohibited. No person shall open any door or gate of any private premises for the purpose of setting any cat at large except the owner of such cat, and no person shall so set any cat at large which is confined in a pound. No person shall abandon a cat.
(2) 
Rabies vaccination required. It shall be unlawful for any person to keep a cat in the City which is over five months of age and has not received a rabies vaccination. No cat license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed cats at all times, except as provided in § 95.21(2)(f), Wis. Stats., which statute is to be construed as equally applicable to cats.
(3) 
Duty to report cat bite. Every person, including the owner or person harboring or keeping a cat, who knows that a cat has bitten any person shall immediately report such fact to a law enforcement officer of the City.
(4) 
Quarantine or sacrifice of cats suspected of biting a person or being infected with rabies. See § 190-5, Rabies quarantine.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Removal of animal waste.
(a) 
The owner or person having immediate control of a cat shall promptly remove and dispose of, in a sanitary manner, any feces left or deposited by the cat upon public or private property not owned or possessed by such person.
(b) 
It shall be unlawful for any person to permit a cat to be on public or private property not owned or possessed by such person unless such person has in his immediate possession an appropriate means of removing animal feces.
(c) 
Penalty. For a first violation, a fee in the sum of $10 shall be assessed against the person, which fee shall be payable to the City Administrator within 10 days of receipt of the notice of violation. If the fee is not paid within 10 days or it is the person's second violation within one year, the violator shall be issued a municipal summons with the forfeiture to be $10 plus all applicable court costs, fees and assessments. All subsequent offenses shall subject the violator to the penalties provided in § 190-21 of this chapter.
(6) 
Cats injuring or destroying property. It is unlawful for any person owning, possessing or harboring a cat to permit such 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. It is unlawful for any person owning, possessing or harboring a cat to permit such cat to injure or destroy any real or personal property of any description belonging to another.[3]
[3]
Editor's Note: Original Sec. 7-1-25(e), Feral cats and other animals at large, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Penalties.
(1) 
Failure to obtain rabies vaccination. A cat owner who fails to have a cat vaccinated against rabies, as provided in this section, shall, upon conviction, forfeit not less than $50 nor more than $100.
(2) 
Refusal to comply with quarantine order. An owner of a cat who refuses to comply with an order issued under this section to deliver the animal to a police office, the City pound or a veterinarian, or who does not comply with the conditions of an order that the animal be quarantined, shall, upon conviction, forfeit not less than $100 nor more than $1,000.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Cats running at large or untagged. Upon conviction, the penalty shall be a forfeiture of $30 plus costs.
(4) 
Other penalties. Upon conviction of a violation of any other provision of this section, the penalty shall be as provided in § 190-21 of this chapter.