[HISTORY: Adopted by the Village Board of the Village of
Stratford 4-12-1988 as Sec. 6-1-1 and Title 7, Ch. 1 of the 1988 Code. Amendments noted
where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
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.
As used herein describing a dog or cat shall mean a dog or
cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
An animal kept and treated as a pet.
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 Stratford 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.[1]
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, and
the date that the immunization expires as specified for that type
of vaccine by the Centers for Disease Control of the U.S. Department
of Health and Human Services 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 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.
[Amended 5-10-2022]
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of Stratford to
own, harbor or keep any dog more than five months of age without complying
with the provisions of §§ 174.05 through 174.13, 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)
Following the fees set by Marathon County, the minimum license tax
under this section shall be as set by the Village Board. These amounts
shall be reduced by 1/2 if the animal became five months of age after
July 1 during the license year. The license year shall commence January
1 and end December 31. If the statutory state minimum is increased,
the total dog license tax shall increase accordingly.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 194-2 of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(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 § 194-2E.
(6)
The fact that a dog is without a tag attached by means of a collar
shall be presumptive evidence that the dog is unlicensed. Any Village
law enforcement 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 dog shall receive annually a free dog license
from the Village Treasurer upon application therefor.
B.
Kennel licenses.
(1)
KENNEL
Definition. As used in this subsection, the following terms shall
have the meanings indicated:
A facility where dogs, cats or other animals are kept for
24 hours or more for boarding, training or similar purposes for compensation.
This does not include animal shelters, or a facility owned or operated
by a veterinarian where animals are boarded only in conjunction with
the provision of veterinary care.
(2)
License required.
(a)
It shall be unlawful to operate a kennel in the Village without
first obtaining a license pursuant to this chapter.
(b)
Any person who keeps or operates a kennel shall apply to the
Village for a license. Each kennel location operated shall be considered
a separate enterprise and each enterprise shall have a license.
(c)
A license will be issued and will remain valid as long as the
applicant or establishment holding the license or applying for the
license complies with all laws and regulations pertaining to the issuance
of licenses and pays the required fees.
(d)
A license fee shall be paid for the license year for such kennel.
Prior to issuance of such license by the Village and annually thereafter,
the premises shall be inspected by the Chief of Police to ensure the
premises complies with the provisions of this chapter.
(e)
A license is valid from January 1 to December 31.
(f)
The license shall be prominently displayed on the premises of
the licensed kennel.
(g)
The application for a license must contain a statement that
the applicant agrees to comply with the standards set forth herein,
agrees to allow inspections by law enforcement officers of animals
and the premises, and a statement whether the applicant has ever been
convicted of cruelty to animals.
(h)
No license to operate a kennel shall be issued to any person
who has been convicted of cruelty to animals.
(i)
Licenses issued on the basis of false information supplied by
the applicant shall be revoked, and operation of the subject kennel
shall be terminated upon revocation of the license.
(j)
License holders shall comply with current WI DATCP regulations.
(3)
Application and fee.
(a)
Each person requiring a license under this section shall complete
an application form furnished by the Village and shall file the completed
application with the Village Clerk.
(b)
The application forms furnished by the Village under this section
shall require the following information and such additional information
as the Village may deem necessary:
[1]
The address, parcel size, and zoning classification of the subject
premises;
[2]
A list of the types of animals to be kept on the subject premises;
[3]
The purpose of obtaining the license;
[4]
A plot plan showing the location of any dog runs or structures
used to house the dogs and parking areas for the customers.
(c)
The annual fee to be paid to the Village for a kennel license
under this section shall be established in the Village fee schedule.
(4)
Grant or denial of license.
(a)
After review and approval from the Chief of Police, the Plan
Commission shall review the application and make a recommendation
to the Village Board on whether to grant or deny the license.
(b)
The Village Board, after receiving a recommendation from the
Plan Commission, shall vote to grant or deny the license. In addition
to the operational plans below, the Board may impose additional conditions
on the grant of any license under this section, and failure to comply
with such conditions may be cause for revocation of the license.
(5)
Limitations.
(a)
A kennel license may be granted for property zoned as commercial
and on residentially zoned property where allowed as a permitted use
or by obtaining a conditional use permit.
(6)
Operations. All kennels shall comply with the following standards:
(a)
All animals shall be quartered, and the quarters in which the
animals are kept shall be maintained in a clean condition and in a
good state of repair.
(b)
There shall be sufficient clean, dry bedding to meet the needs
of each individual animal. Litter and/or bedding material shall be
changed as often as necessary and there shall be adequate ventilation
to prevent an odor nuisance.
(c)
Feces shall be removed from pens and enclosures as often as
necessary to prevent unsanitary conditions and odor nuisance.
(d)
All cages and enclosures are to be of a nonporous material for
easy cleaning and disinfecting and shall have secure latches in good
repair. Each cage must be of sufficient size that the animal will
have room to stand, turn, and stretch out to its full length.
(e)
The floor and walls of any room in which animals are kept shall
be covered with an impervious, smooth, cleanable surface. The floors
and walls shall be cleaned and disinfected as often as necessary to
prevent an odor nuisance.
(f)
The premises shall be kept free of insect and rodent infestations.
Food supplies shall be kept in rodentproof containers.
(g)
Water. There shall be hot water available for washing cages.
Fresh drinking water shall be available to all animals at all times.
All water containers shall be mounted so the animal cannot easily
turn them over and be removable for cleaning.
(h)
Feeding. Food for all animals shall be served in a clean dish
so mounted that the animal cannot easily turn it over and be removable
for cleaning.
(i)
All animals must be fed and watered according to the accepted
procedure for that species and cages cleaned every day.
(j)
Shade required. Shade from direct rays of the sun shall be provided
for all animals.
(7)
Inspection.
(a)
Officers shall be permitted to inspect all kennels and animals
therein at any time during the business hours of the establishment
or at other reasonable times established in these sections.
(b)
All reports of such inspections shall be made in writing and
maintained by the Village.
(c)
Officers are authorized to enter the structure or premises wherein
a kennel regulated under this chapter is maintained at reasonable
times to inspect, subject to constitutional restrictions on unreasonable
searches and seizures.
(d)
If the owner or those in possession of a structure or premises
wherein a kennel regulated under this chapter is maintained (or believed
to be maintained) refuse inspection of said kennel, the officer may
obtain an inspection warrant from Marathon County Circuit Court or
the Municipal Court in order to determine if the kennel is maintained
in accordance with Village ordinances.
(e)
Refusal to permit inspection shall result in immediate revocation
of license to operate a kennel. The officer shall give the licensee
notice of this action. The licensee may request a hearing before the
Village Board with regard to the revocation; such request must be
made, in writing, to the Village Clerk within 10 days from the refusal
to inspect.
(f)
Nothing in this section shall inhibit an officer from requesting
the search and/or seizure of any premises from a court of competent
jurisdiction.
(8)
Violations.
(a)
Licensees will be allowed up to 30 days following written notification
of any violations of this subsection or any subsections of this chapter
by the Chief of Police, or their designee, to correct any violations.
Failure to correct these violations shall result in immediate revocation
of the license by the Village Board.
(9)
Appeal; denial or revocation of a license.
(a)
Any person who is denied a license or whose license is revoked
may appeal the denial or revocation to the Zoning Board of Appeals
within 60 days of the date of denial or revocation of the license.
(b)
All requests for appeals must be in writing and addressed to
the Village Clerk, whereupon the Clerk shall set the appeal for hearing
within 45 days of receipt of the written request.
C.
Animal fanciers.
(1)
ANIMAL FANCIER
Definition. As used in this subsection, the following terms shall
have the meanings indicated:
Any person who owns or keeps, when accessory to an established
residential use, the allowable number of dogs specified for an animal
fancier in this section, for personal purposes, which include but
are not limited to hunting, tracking, exhibition in dog shows, obedience
trials, dog sledding, animal foster rescue, sale or to enhance to
perpetuate a given breed, and other uses determined by officers to
be similar in nature.
(2)
License required. It shall be unlawful to operate as an animal fancier
in the Village without first obtaining a license pursuant to this
chapter.
(a)
License holders shall comply with current WI DATCP regulations.
(3)
Application and fee.
(a)
Each person requiring a license under this section shall complete
an application form furnished by the Village and shall file the completed
application with the Village Clerk.
(b)
The application forms furnished by the Village under this section
shall require the following information and such additional information
as the Village may deem necessary:
[1]
Premises;
[2]
List of the animals to be kept on the subject premises, including
the breed and age of each dog;
[3]
The purpose of obtaining the license;
[4]
If applicable, documentation for any animals currently used
for exhibition in shows, obedience trials or field trials;
[5]
A plot plan showing the location of any dog runs or structures
used to house the dogs.
(c)
The fee to be paid to the Village for a license under this section
shall be established in the Village fee schedule.
(d)
The license shall be valid January 1 to December 31.
(4)
Grant or denial of permit; notice.
(a)
After review and approval by the Chief of Police, the Plan Commission
shall review the application and make a recommendation to the Village
Board on whether to grant or deny the license.
(b)
The Village Board, after receiving a recommendation from the
Plan Commission, shall vote to grant or deny the license. In addition
to the operational plans below, the Board may impose additional conditions
on the grant of any license under this section, and failure to comply
with such conditions may be cause for revocation of the license.
(6)
Operation.
(a)
All animals kept or maintained on a premises under an animal
fancier license issued under this section must also be duly licensed
by the Village.
(b)
All animals shall be maintained in a healthy condition or, if
ill, shall be given appropriate treatment immediately.
(c)
Feces and odorous materials shall be removed from yards, pens,
and enclosures at least once daily.
(d)
The premises and the animals shall be kept free of insect and
rodent infestations.
(e)
All animal pens or enclosures shall be sufficiently large enough
to permit freedom of movement to the animals.
(7)
Inspection. Any person accepting a license under this section thereby
agrees to allow inspections by law enforcement officers or their designee
of those parts of the premises where animals are kept.
(8)
Violations. License holders will be allowed 10 days following written
notification of any violations of this subsection or any subsection
of this chapter by the officer to correct any violations. Failure
to correct these violations shall result in immediate revocation of
the license by the Village Board.
(9)
Appeal; denial or revocation of a license.
(a)
Any person who is denied a license or whose license is revoked
may appeal the denial or revocation to the Zoning Board of Appeals
within 60 days of the date of denial or revocation of the license.
(b)
All requests for appeals must be in writing and addressed to
the Clerk, whereupon the Clerk shall set the hearing within 45 days
of the receipt of the written request.
The Village Treasurer shall access and collect a late fee as
set by the Village Board from every owner of a dog five months of
age or over if the owner failed to obtain a license prior to April
1 of each year or within 30 days of acquiring ownership of a licensable
dog or if the owner failed to obtain a license on or before the dog
reached licensable age. Said late fee shall be charged in addition
to the required license fee.
A.
Dogs and cats confined. If a district is quarantined for rabies,
all dogs and cats within the Village shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat not confined, tied, leashed
or muzzled is declared a public nuisance and may be impounded. All
officers shall cooperate in the enforcement of the quarantine. The
Village 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 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 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)
Sacrifice 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.[1]
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.[2]
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Dogs and cats. It shall be unlawful for any person within the Village
of Stratford to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
(8)
Is a pit bull dog, which includes all of the following: the bull
terrier breed; the Staffordshire bull terrier breed; the American
pit bull terrier breed; the American Staffordshire terrier breed;
dogs of mixed breed or other breeds than the foregoing, which breed
or mixed breed is known as a pit bull, pit bull dog, or pit bull terrier;
any dog which has the appearance of being predominately of the breed
of bull terrier, Staffordshire bull terrier, American Pit bull terrier,
American Staffordshire terrier, or dogs of any other breed, commonly
known as "pit bulls," "pit bull dogs," or "pit bull terriers"; or
a combination of any of these breeds unless a breed-restricted permit
is obtained from the Village as set forth in this subsection:
[Amended 7-21-2021]
(a)
An application for a breed-restricted permit to own a breed listed
above shall include:
[1]
The name, address, and contact information for the owner where the
dog will reside.
[2]
The name and contact information for all adults residing at the same
address.
[3]
The name, address, and contact information for an emergency contact
if an event happens and the owner cannot be reached.
[4]
An accurate description of the pit bull and recent color photograph.
[5]
Proof that the dog has a current rabies vaccination.
[6]
Proof that the dog has been spayed or neutered.
[7]
Proof of public liability insurance in the amount of $100,000 combined
single limit.
(b)
All applicants and all adults residing at the address where the dog
is to be kept, prior to issuance of the permit, are subject to a background
check by the Village Police Chief verifying no arrests or convictions
related to the keeping, care, or other activities substantially relating
to animals as determined by the Village Police Chief.
[1]
Any denials of a permit or revocation may be appealed by the applicant
to the Village Board within 30 days of the denial or revocation.
(c)
The breed-restricted permit is valid only for a period of 12 months
from the date of issuance and shall require the payment of the permit
fee of $12.50 at the time of the application.
(d)
If during the term of a permit the applicant or adults residing at the address where the dog is kept are subject to an arrest or conviction related to the keeping, care, or other activities substantially relating to animals, the Village Police Chief may revoke said permit. In addition, any complaints concerning violations of state law or Village ordinances related to the animal and/or the applicant during the term of the permit may cause, upon verification by the Police Chief of the allegations, to, in his discretion, revoke said permit. Any revocations hereunder are subject to review under Subsection A(8)(b)[1] hereinabove.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
inflicts serious injury to one person in unprovoked circumstances
off the owner's premises. Any vicious dog which is found off the premises
of its owner other than as hereinabove provided may be seized by any
person and, upon delivery to the proper authorities, may, upon establishment
to the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after automobiles.
C.
Animals running at large.
(1)
No person having in his possession or ownership any animal or fowl
shall allow the same to run at large within the 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 law enforcement
officer.[1]
(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.
D.
Owner's liability for damage caused by dogs; penalties. The provisions
of § 174.02, Wis. Stats., relating to the owner's liability
for damage caused by dogs together with the penalties therein set
forth are hereby adopted and incorporated herein by reference.
A.
Animal control agency.
(1)
The Village of Stratford 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 Village of Stratford does hereby delegate to any such animal
control agency the authority to act pursuant to the provisions of
this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any law enforcement officer may impound
any dog, cat or other animal which habitually pursues any vehicle
upon any street, alley or highway of this Village, assaults or attacks
any person, is at large within the Village, habitually barks, cries
or howls, kills, wounds or worries any domestic animal or is infected
with rabies. In order for an animal to be impounded, the impounding
officer must see or hear the violation of this chapter or have in
his 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.[1]
C.
Claiming animal; disposal of unclaimed animals. After seizure of
an animal under this section by a law enforcement officer, the animal
shall be impounded. The officer shall notify the owner, personally
or through the United States Mail, if such owner is known to the officer
or can be ascertained with reasonable effort, but if such owner is
unknown or unascertainable, the officer shall post written notice
in three public places in the Village, giving a description of the
animal and stating where it is impounded and the conditions for its
release, after the officer has taken such animal into his possession.
If within seven days after such notice the owner does not claim such
animal, the officer may dispose of the animal in a proper and humane
manner, provided that, if an animal before being impounded has bitten
a person, the animal shall be retained in the animal shelter for 10
days for observation purposes. Within such times, the owner may reclaim
the animal upon payment of impoundment fees, such fees to be established
by resolution of the Village Board. No animal shall be released from
the pound without being properly licensed if so required by state
law or Village ordinance.[2]
E.
Village not liable for impounding animals. The Village 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.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead blind persons shall be exempt from this
section.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Police Department and shall keep such dog
or cat confined for not less than 10 days or for such period of time
as the Police Department shall direct. The owner or keeper of any
such dog or cat shall surrender the dog or cat to a law enforcement
officer upon demand for examination.
The owner or person in charge of any dog or other animal shall
not permit solid fecal matter of such animal to deposit on any street,
alley or other public or private property, unless such matter is immediately
removed therefrom by said owner or person in charge. This section
shall not apply to a person who is visually or physically handicapped.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. A dog or cat is
considered to be in violation of this section when two formal, written
complaints are filed with the Police Department within a four-week
period.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family Felidae, polar bear (Thalarctos maritimus),
red wolf (Canis niger), vicuna (Vicugna vicugna), or alligator, caiman
or crocodile of the order of Crocodilia, gray or timber wolf (Canis
lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), or Mexican ridley
turtle (Lepidochelys kempii).
(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 Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected
for use by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his possession or under his control
within the Village any poisonous reptile or any other dangerous or
carnivorous wild animal, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his possession or under his
control within the Village any of the following animals, reptiles
or insects:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla),
orangutans (Pongo) and siamangs (Symphalangus).
(3)
Baboons (Papio and Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia) 30 inches in length or more.
(8)
Constrictor snakes six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae), including 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)
Piranha fish (Characidae).
(22)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocerotidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
(29)
Except in properly zoned districts, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing
purposes unless otherwise permitted elsewhere in this Code.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment, agricultural fairs, shows or projects of the 4-H Clubs, a display for judging purposes, an itinerant or transient carnival, circus or other show, dog or cat shows or trials, public or private educational institutions, licensed pet shops, or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.[1]
[1]
Editor's Note: 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 §§ 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in § 396-1 of this Code.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement 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, of the Wisconsin Statutes 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 Village or any animal
control agency with which 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.
No person except a law enforcement officer or health 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 bird's
nest or bird's eggs.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on land within the Village of Stratford, except
on parcels zoned R-4 and C-1, 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 within the confines of buildings
or homes.
The operator of any vehicle involved in an accident resulting
in injury to or death of a dog, cat or other animal which appears
to be a pet shall immediately notify the Police Department or an animal
control agency whose jurisdiction extends into the Village.
A.
Purpose. The keeping of a large number of dogs within the Village
for a considerable period of time detracts from and, in many instances,
is detrimental to healthful and comfortable life in such areas. The
keeping of a large number of dogs is, therefore, declared a public
nuisance.
B.
FAMILY
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
One or more persons.
A parcel of land zoned as residential, occupied or to be
occupied by a dwelling, platted or unplatted, and under common ownership.
For the purpose of this section, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession more than three
dogs on any residential lot without the prior approval of the Village
Board, except that a litter of pups or a portion of a litter may be
kept for not more than eight weeks from birth. If more than one family
resides on a residential lot, then only a total of three dogs shall
be allowed on the residential lot unless prior approval is obtained
from the Village Board.[2]
(2)
The above requirement may be waived with the approval of the Village
Board or when a kennel license has been issued by the Village. Such
application for waiver shall first be made to the Village Clerk.
A.
Except on parcels zoned R-4 and C-1, 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:
(1)
No hive, stand or box where bees are kept shall be located closer
than 10 feet to any property boundary.
(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. Bees
shall not be kept in a front yard area.
(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 the state statutes.
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.
All structures, pens, buildings, stables, coops or yards wherein
animals or fowl are kept shall be maintained in a clean and sanitary
condition, free of rodents, vermin and objectionable odors.
[Added 9-12-2017]
A.
In residential zoning classes other than R-4, each residential household
shall be permitted to keep and maintain up to four chickens. The keeping
of chickens in any nonresidential district will only be allowed when
the permitee obtains a conditional use permit through the Plan Commission
and approved by the Village Board.
B.
Properties with multiple rental units (such as apartments) are allowed
only one permit per property owner.
C.
Keeping of roosters is prohibited.
D.
Slaughter of chickens is prohibited on site.
F.
Coop Design.
(1)
All chickens shall be kept and maintained within a ventilated
and roofed coop which is vermin- and predator-resistant at all times.
(2)
Coops cannot be attached to a residence or any other unrelated
structure.
(3)
All coops, including an attached coop enclosure, shall be enclosed
with wire netting or equivalent material that will prevent chickens
from escaping the coop or the attached enclosure and prevent predators
from entering.
(4)
The coop shall allow at least three square feet per chicken,
and the attached enclosure shall allow at least five square feet per
chicken.
(5)
The coop and attached enclosure shall not exceed 64 total square
feet.
(6)
The coop and attached enclosure shall not exceed eight linear
feet in height.
(7)
The coop and attached enclosure location.
(a)
The coop and enclosure shall not be placed closer to the front
lot line than the principal structure.
(b)
The coop and enclosure shall not be placed inside the front setback per Village Ordinance, Chapter 590, Zoning.
(c)
The coop and enclosure must be at least 25 feet from any residential
structure on an abutting lot.
(d)
The coop and enclosure must be at least 10 feet from abutting
lot lines, unless the permitee also owns the abutting property.
(8)
The location of the coop and coop enclosure must be in compliance
with all zoning code requirements and enclosed to ensure fowl are
confined to the permittee's property.
(9)
The coop and attached enclosure shall be built and kept to the minimum standards for public health, safety, and welfare, as defined in Village Ordinance, Chapter 404, Property Maintenance.
(10)
Temporary and/or movable devices and structures, including chicken
tractors, shall be permitted.
G.
Sanitation.
(1)
Chickens shall not be permitted inside a residential premises
or dwelling.
(2)
Chicken feed shall be stored and kept in containers which make
the feed unavailable to rodents, vermin, wild birds, and predators.
(3)
All coops and backyards where chickens are kept or maintained
shall be reasonably free from substances, including but not limited
to chicken manure, such that it does not cause the air or environment
to become noxious or offensive or to be in such condition as to promote
the breeding of flies, mosquitoes, or other insects, or to provide
a habitat, breeding or feeding place for rodents or other animals,
or otherwise be injurious to public health.
H.
Public nuisance.
(1)
Chickens shall not cause any nuisance, unhealthy condition,
public health threat, or otherwise interfere with the normal use of
property or enjoyment of life by humans or animals.
(2)
Unusual illness or death of chickens must be reported to the
Marathon County Health Department.
(3)
No person shall allow chickens to provide noise loud enough
to annoy or disturb the comfort, health, peace, or repose of reasonable
persons of ordinary sensibilities, and it is hereby declared a nuisance
and shall be unlawful for any person to allow such nuisance to exist.
I.
Permit required.
(1)
No owner or tenant shall own, keep, or maintain chickens within
the limits of the Village without first obtaining a permit.
(3)
Upon applying for an original permit, the applicant must notify
all abutting property owners of his or her intention to keep and maintain
chickens prior to applying for a permit, and the permit application
must certify that all such property owners have been notified. A list
of all property owners and their addresses must be included with the
permit application. No permit to keep and maintain chickens shall
be issued unless all requirements are met.
(4)
The permit year shall commence on January 1, and shall end on
the following December 31, and shall be renewed annually.
J.
Fees.
(1)
The annual fee, per the current fee schedule, for keeping and
maintaining up to four chickens shall be paid to the Village Clerk
at the time of application. This fee shall not be prorated.
(2)
The annual permit renewal fee, per the current fee schedule,
is payable to the Village Clerk no later than January 31. Upon payment
of the annual fee, a one-year renewal permit is granted, provided
there have been no permit violations in the previous permit year.
(3)
Should the owner or tenant fail to obtain a license by January
31 of each year or within 30 days of acquiring ownership of any chickens,
a late fee of $30 shall be charged in addition to the required license
fee.
K.
Wisconsin Livestock Premises Registration Act.
(1)
The applicant must register his or her premises in accordance
with the Wisconsin Livestock Premises Registration Act. Proof of registration
must be provided upon application of permit.
L.
Revocation of permit.
(1)
A permit may be revoked by the Village Clerk or his or her designee
at the request of the Building Inspector, Fire Inspector, Fire Chief,
Police Chief, or any of their designees for the following reasons:
(a)
Failure to comply with any of the provisions of this Code.
(b)
Where the keeping of chickens is determined to create a nuisance as defined in Subsection G(3) of this section.
(c)
Where it is determined that the keeping of chickens is detrimental
to the life or health of an abutting or adjacent property owner. A
written physician's report of a medical condition is proof that it
would be detrimental.
(2)
If the Village receives two or more complaints within a one-hundred-eighty-day period or three or more total complaints within a calendar year period in regards to violations of this code, the Village will revoke any existing permit, provided the complaints are founded and established by the Village officers defined by Subsection K(1).
(3)
Any applicant whose permit application has been denied or revoked
under the provisions of this section shall have the right to appeal
said denial.
(4)
Any permit holder who has his or her permit revoked must, within
48 hours, properly remove the chickens and coop and enclosure from
such property.
No person shall take or permit to remain any dog, cat or other
live animal on or upon any premises where food is sold, offered for
sale or processed for consumption by the general public.
[Amended 1-11-2011]
A.
An owner who fails to have a dog vaccinated against rabies as required in § 194-2 shall be subject to the penalty prescribed in § 95.21(10)(a), Wis. Stats.
B.
Anyone who violates § 194-3, 194-4 or 194-5 of this chapter 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 refuses to comply with an order issued under § 194-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the condition of an order that an animal be quarantined shall be subject to a forfeiture of not less than $100 nor more than $1,000 together with costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
E.
This section
shall also permit the Village Attorney to apply to a court of competent
jurisdiction for a temporary or permanent injunction restraining any
person from violating any aspect of this chapter.