Village of Neshkoro, WI
Marquette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Neshkoro 4-5-1999 as Title 7, Ch. 1, of the 1999 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 368.
Peace and good order — See Ch. 385.
Zoning — See Ch. 500.
A. 
[1]Definitions. In this chapter, unless the context or subject matter otherwise requires, the following words 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.
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 or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this section.
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 subsection, was deleted 10-4-2010.
A. 
Rabies vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the Village of Neshkoro after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the Village unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that immunization expires, as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
[Amended 10-4-2010]
B. 
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village, stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services and the Village.
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 paragraph do not apply to a dog which is not required to be vaccinated under Subsection A.
F. 
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
G. 
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
A. 
Dog licenses.
(1) 
It shall be unlawful for any person in the Village of Neshkoro 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 as set by § 174.05(2), Wis. Stats., and obtain a license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II); this ordinance also deleted original subsection (a)(3), minimum license tax, which immediately followed this section.
(3) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 173-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(4) 
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 § 173-2E.
(5) 
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.
(6) 
Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Village Clerk-Treasurer 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 of $35 for a kennel of 12 or fewer dogs and an additional $4 for each dog in excess of 12. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies and if, as required by County regulations, the kennel has had a satisfactory sanitary inspection by the County Health Department, the Village Clerk-Treasurer shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 on leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
(3) 
The term "kennel" means any person harboring five or more dogs over the age of five months or any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling of dogs.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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) 
Issuance of a county kennel license shall include the requirement for the County Health Department to conduct an annual sanitary inspection of the premises to ensure that the conditions outlined in Ch. 951, Wis. Stats., are met. The kennel operator/owner shall be responsible for ensuring that the sanitary inspection is conducted prior to the issuance of the dog license/multiple dog license and kennel license. The applicant must present current certificates of rabies vaccination for all dogs and a certificate of completed sanitary inspection prior to license issuance.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
A condition of a kennel license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials or the County Health Department 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 Village ordinances.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village Clerk-Treasurer shall assess and collect a late fee of $5 from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.
A. 
Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.
B. 
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C. 
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.
(1) 
Quarantine or sacrifice of dog or cat. 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 paragraph, "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 the County Health Department. The veterinarian or County Health Department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or County Health Department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.
F. 
Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Village, the Laboratory of Hygiene, the County Health Department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
G. 
Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.
[Amended 10-4-2010; 11-6-2012]
A. 
It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the Village. It shall be unlawful to exhibit or parade animals which are feral in nature in the eyes of the law, without obtaining a permit form from the Chief of Police. Members of the Police Department are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
B. 
No vicious, dangerous, or ferocious dog or dog sick with infectious disease shall be permitted to run at large in the Village.
C. 
For purposes of enforcing this section, a dog or animal shall be deemed to be of a dangerous or vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury on a person in unprovoked circumstances off the owner's premises.
D. 
Prohibition and regulation of dog breeds deemed as dangerous.
(1) 
It is unlawful to keep, harbor, own or in any way possess within the corporate limits of the Village of Neshkoro, Wisconsin, any of the dogs listed below which are considered dangerous due to their natural breeding line. These dog breeds registered with the Village on or prior to November 5, 2012, may be kept within the Village but are subject to the standards and requirements set forth in Subsection D. Prohibited breeds:
[Amended 12-1-2014]
(a) 
Pit bull, defined as Staffordshire bull terrier, American pit bull terrier, pit bull mix or any dog which has the appearance and characteristics of being predominantly of this breed.
(b) 
Chow or chow mix or any dog which has the appearance and characteristics of being predominantly of this breed.
(c) 
Rottweiller, rottweiller mix or any dog which has the appearance and characteristics of this breed.
(d) 
Wolf hybrid, wolf mix or any dog which has the appearance and characteristics of being predominantly of this breed.
(e) 
Any dog that has caused serious injury to a person or domestic animal off the owner's property, without reasonable cause.
(2) 
Keeping of registered breeds or dogs listed above. The provisions of Subsection D(1) are not applicable to owners, keepers or harborers of dangerous breeds listed which are registered with the Village as of November 5, 2012. Keeping of such dogs, however, shall be subject to the following standards:
(a) 
Leash. No person shall permit the dog to go outside its house, kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit this dog to be kept on a rope, chain or other type of leash outside of 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.
(b) 
Report requirements. All owners, keepers, or harborers of the dog must, within 10 days of the following incidents, report the following information in writing to the Village Clerk as required hereinafter:
[1] 
The removal from the Village or the death of the dog.
[2] 
The birth of offspring of the dog.
[3] 
The new address of the dog should the owner move within the corporate Village limits.
(c) 
Sale or transfer of ownership prohibited. No person shall sell, barter, or in any other way dispose of these registered dogs to any other person within the Village, unless the recipient person permanently resides in the same household and on the same premises as the registered owner of such dog, provided that the registered owner of the dog may sell or otherwise dispose of such dog or the offspring of such dog to persons who do not reside within the Village.
(d) 
Animals born of registered dogs. All offspring of these dogs registered within the Village shall be removed from the Village within 10 weeks of the birth of such animal.
(e) 
Irrebuttable presumptions. There shall be an irrebuttable presumption that any registered dog as prohibited by Subsection D(1) of this section is in fact a dog subject to the requirements of this Subsection D.
(f) 
Failure to comply. It shall be unlawful for the owner, keeper, or harborer of these dogs registered with the Village to fail to comply with the requirements and conditions set forth in this Subsection D. Any dog found to be in violation of this Subsection D shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the Village.
(g) 
Exemptions. The provisions of this subsection regarding dangerous animals shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.
E. 
Animals running at large.
(1) 
No person having in his/her possession or ownership any animal or fowl shall allow the same to run at large within the Village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or Village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
(2) 
A dog or cat shall not be considered to be running at large if it is on a leash not to exceed 10 feet in length and under control of a person physically able to control it when the animal is off of the owner's premises.
F. 
Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, or swimming area within the Village unless such dog or cat is on a leash and under control. Dogs and cats are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this subsection.
G. 
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.
[Amended 10-4-2010]
A. 
Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a County Sheriff Deputy, law enforcement officer or animal control officer may order any dog, cat or other animal impounded which habitually pursues any vehicle upon any street, alley or highway of this Village; assaults or attacks any person; is at large within the Village; habitually barks, cries or howls; kills, wounds or worries any domestic animal; or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.
[Amended 12-1-2014]
B. 
Village not liable for impounded animals. The Village shall not be responsible for the cost of impoundment of any animal. Neither the Village, law enforcement or its animal control agency shall be liable for the death of any animal which has been impounded or disposed of pursuant to this section.
[Amended 12-1-2014]
C. 
Impoundment fee. There is hereby established an initial impoundment fee of $35 for each animal impounded. The impoundment fee shall be in addition to the daily boarding fee. The impoundment fee and daily boarding fee shall be paid by the owner of the animal. The owner of an animal which has been impounded under this section and who has not paid either the impoundment or boarding fee may be proceeded against in the name of the Village and in the manner provided for in a civil action, for the amount of the fees plus any direct collection costs incurred by the Village.
[Added 11-6-2012]
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 Village law enforcement officials and shall keep such dog or cat confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.
A. 
Removal of fecal matter. The owner or person in charge of any dog, cat, 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 or cat must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. The owner of a dog or cat is considered to be in violation of this section when two formal, written complaints are filed with Village law enforcement officers within a four-week period.
[Amended 10-4-2010]
Except as provided in § 173-20 regarding miniature pigs and on properties zoned in an agricultural classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats or sheep unless a permit is first issued by the Village Board. Such permit shall be a one-time permit with a fee as set by the Village Board. For purposes of this section, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets.[1]
[1]
Editor's Note: Original Sec. 7-1-13, Sale of rabbits, chicks or artificially colored animals, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.
B. 
The food shall be sufficient to maintain all animals in good health.
C. 
If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.
Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.[1]
[1]
Editor's Note: Original subsections (b) through (e), which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 shall prove that such killing was unwarranted.
(5) 
Sections 173.10, Investigation of cruelty complaints, and 173.24, Reimbursement for 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 the owner of such animal cannot be located, the Village or any animal control agency with whom the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.
Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any birds' nests or birds' eggs.[1]
[1]
Editor's Note: Original subsections (b) through (e), which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. The keeping of a large number of dogs and cats within the Village of Neshkoro 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 or entity shall own, harbor or keep in its possession more than a total of six dogs and cats in any property, 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.
[Amended 11-5-2001]
(2) 
The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 173-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.
All such traps set, placed or tended on Village-owned lands shall comply with Ch. 29, Wis. Stats., as it relates to trapping.
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 Village unless the bees are kept in accordance with the following provisions:
A. 
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.
B. 
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.
C. 
Fresh clean watering facilities for bees shall be provided on the said premises.
D. 
The bees and equipment shall be kept in accordance with the provisions of state law.
E. 
A conditional use permit shall first be obtained pursuant to the Village Zoning Code.
[Amended 10-4-2010; 12-1-2014]
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. 
License required/fee. It is unlawful for any person, party, firm or corporation to keep or maintain within the Village of Neshkoro limits a Vietnamese potbellied pig or exotic animals normally associated with zoos, without first getting approval from the Village Board and obtaining a license from the Village Clerk-Treasurer annually.
C. 
(Reserved)
D. 
(Reserved)
E. 
Suspension, revocation or denial of renewal of license. The Village Board or a law enforcement officer shall have the right to suspend or revoke any license once granted or deny annual renewal thereof when it appears that any licensee has violated any of the provisions of this chapter or any ordinance of the Village or law, rule or regulation of the State of Wisconsin involving cruelty or mistreatment of the animal or the unlawful possession of the animal. Prior to the suspension or revocation of any license or the denial of an application for a renewal thereof, written notice of the reason for such action shall be given to the applicant or licensee by the officer.
A. 
Any person violating § 173-15, 173-16, 173-17, 173-18, 173-19 or 173-20 shall be subject to a forfeiture of not less than $50 and not more than $200. This subsection shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B. 
Anyone who violates §§ 173-1, 173-3, 173-4 and 173-5 of this Code or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who fails to have a dog vaccinated against rabies as required in § 173-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.
[Amended 10-4-2010]
C. 
An owner who refuses to comply with an order issued under § 173-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
[Amended 10-4-2010]
D. 
Any person who violates §§ 173-6 through 173-14 of this Code shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations.
E. 
Each day that a violation of this chapter continues shall be deemed a separate violation. Any dog found to be the subject of a violation of this chapter shall be subject to immediate seizure, impoundment and removal from the Village by Village officials in the event the owner or keeper of the dog fails to remove the dog from the Village. 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.