Village of Stratford, WI Animals

Editor's Note: Original Sec. 7-1-1(1), License required, which immediately preceded this section, was deleted 1-11-2011. See § 194-3, Dog and kennel licenses.

§ 194-2 Rabies vaccination required for license.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

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.

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.

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.

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.

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.

§ 194-3 Dog and kennel licenses.

[Amended 5-10-2022]

Dog licenses.

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.

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.

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.

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.

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.

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.

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.

Kennel licenses.

Definition. As used in this subsection, the following terms shall have the meanings indicated:

KENNEL

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.

License required.

It shall be unlawful to operate a kennel in the Village without first obtaining a license pursuant to this chapter.

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.

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.

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.

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.

Application and fee.

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.

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:

The address, parcel size, and zoning classification of the subject premises;

A list of the types of animals to be kept on the subject premises;

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.

The annual fee to be paid to the Village for a kennel license under this section shall be established in the Village fee schedule.

Grant or denial of license.

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.

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.

Limitations.

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.

Operations. All kennels shall comply with the following standards:

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.

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.

Feces shall be removed from pens and enclosures as often as necessary to prevent unsanitary conditions and odor nuisance.

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.

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.

Inspection.

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.

All reports of such inspections shall be made in writing and maintained by the Village.

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.

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.

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.

Violations.

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.

Appeal; denial or revocation of a license.

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.

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.

Animal fanciers.

Definition. As used in this subsection, the following terms shall have the meanings indicated:

ANIMAL FANCIER

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.

License required. It shall be unlawful to operate as an animal fancier in the Village without first obtaining a license pursuant to this chapter.

License holders shall comply with current WI DATCP regulations.

Application and fee.

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.

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:

Premises;

List of the animals to be kept on the subject premises, including the breed and age of each dog;

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.

The fee to be paid to the Village for a license under this section shall be established in the Village fee schedule.

The license shall be valid January 1 to December 31.

Grant or denial of permit; notice.

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.

Limitations.

There shall be no more than one animal fancier license issued to any qualified property.

No person in a multiple-family dwelling or mobile home shall be granted an animal fancier license.

No person shall exceed a 25 animal limit on yearly sales.

Operation.

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.

All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.

Feces and odorous materials shall be removed from yards, pens, and enclosures at least once daily.

The premises and the animals shall be kept free of insect and rodent infestations.

All animal pens or enclosures shall be sufficiently large enough to permit freedom of movement to the animals.

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.

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.

Appeal; denial or revocation of a license.

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.

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.

§ 194-4 Late fees.

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.

§ 194-5 Rabies quarantine.

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.

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.

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

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.

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.

Quarantine of dog or cat.

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.

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.

Risk to animal health.

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.

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.

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.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 194-6 Restrictions on keeping animals.

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:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 194-12.)

Kills, wounds or worries any domestic animal.

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.

In the case of a dog, is unlicensed.

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]

An application for a breed-restricted permit to own a breed listed above shall include:

The name, address, and contact information for the owner where the dog will reside.

The name and contact information for all adults residing at the same address.

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.

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.

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.

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.

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.

Vicious dogs and animals.

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.

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.

Animals running at large.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

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.

§ 194-7 Impoundment of animals.

Animal control agency.

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.

The Village of Stratford does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal control agency may sell the animal to any willing buyer.[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 194-8 Dogs and cats restricted in cemeteries.

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.

§ 194-9 Duty of owner in case of dog or cat bite. [1]

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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 194-10 Animal feces.

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.

§ 194-11 Injury to property by animals.

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.

§ 194-12 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 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.

§ 194-13 Prohibited and protected animals.

Protected animals.

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).

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).

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.

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.

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:

All poisonous animals and reptiles, including rear-fang snakes.

Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo) and siamangs (Symphalangus).

Baboons (Papio and Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

Crocodilians (Crocodilia) 30 inches in length or more.

Constrictor snakes six feet in length or more.

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.

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:

Their location conforms to the provisions of Chapter 590, Zoning, of this Code.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept.[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.

§ 194-14 Neglected, abandoned or injured animals.

Neglected or abandoned animals.

No person may abandon any animal.

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.

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.

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.

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.

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.

§ 194-15 Cruelty to animals and birds. [1]

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.

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 § 396-1 of this Code.

§ 194-16 Trapping of animals.

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.

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.

All such traps set, placed or tended shall comply with Ch. 29, Wis. Stats., as it relates to trapping.

This section shall not apply to trapping within the confines of buildings or homes.

Nothing in this section shall prohibit or hinder the Village of Stratford or its employees or agents from performing their official duties.[1]

Editor's Note: Original Sec. 7-1-20, Dognapping and catnapping, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 951.03, Wis. Stats., adopted by reference in § 396-1 of this Code.

§ 194-17 Vehicle accidents.

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.

§ 194-18 Limitation on number of dogs.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:[1]

FAMILY

One or more persons.

RESIDENTIAL LOT

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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Number limited.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 194-19 Keeping of bees.

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:

No hive, stand or box where bees are kept shall be located closer than 10 feet to any property boundary.

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.

Fresh, clean watering facilities for bees shall be provided on said premises.

The bees and equipment shall be kept in accordance with the provisions of the state statutes.

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.

§ 194-20 Keeping of livestock.

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.

§ 194-20.1 Raising of backyard chickens.

[Added 9-12-2017]

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.

Properties with multiple rental units (such as apartments) are allowed only one permit per property owner.

Keeping of roosters is prohibited.

Slaughter of chickens is prohibited on site.

Chickens are not allowed to be kept or maintained upon the following:

Mobile home parks.

Vacant lots unless the person requesting the permit resides on the abutting property.

Coop Design.

All chickens shall be kept and maintained within a ventilated and roofed coop which is vermin- and predator-resistant at all times.

Coops cannot be attached to a residence or any other unrelated structure.

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.

The coop shall allow at least three square feet per chicken, and the attached enclosure shall allow at least five square feet per chicken.

The coop and attached enclosure shall not exceed 64 total square feet.

The coop and attached enclosure shall not exceed eight linear feet in height.

The coop and attached enclosure location.

The coop and enclosure shall not be placed closer to the front lot line than the principal structure.

The coop and enclosure shall not be placed inside the front setback per Village Ordinance, Chapter 590, Zoning.

The coop and enclosure must be at least 25 feet from any residential structure on an abutting lot.

The coop and enclosure must be at least 10 feet from abutting lot lines, unless the permitee also owns the abutting property.

On a vacant lot, the coop and enclosure must not be placed within the minimum front setback per Village Ordinance, Chapter 590, Zoning.

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.

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.

Sanitation.

Chickens shall not be permitted inside a residential premises or dwelling.

Chicken feed shall be stored and kept in containers which make the feed unavailable to rodents, vermin, wild birds, and predators.

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.

Public nuisance.

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.

Unusual illness or death of chickens must be reported to the Marathon County Health Department.

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.

Permit required.

No owner or tenant shall own, keep, or maintain chickens within the limits of the Village without first obtaining a permit.

Items required on permit application:

Property owner's signature.

Site plan.

Number of chickens.

Certification of notice to abutting property owners.

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.

The permit year shall commence on January 1, and shall end on the following December 31, and shall be renewed annually.

Fees.

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.

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.

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.

Wisconsin Livestock Premises Registration Act.

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.

Revocation of permit.

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:

Failure to comply with any of the provisions of this Code.

Where the keeping of chickens is determined to create a nuisance as defined in Subsection G(3) of this section.

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.

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).

Any applicant whose permit application has been denied or revoked under the provisions of this section shall have the right to appeal said denial.

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.

Violations and Penalties.