[HISTORY: Adopted by the Town Board of the Town of Ledgeview 7-21-2009 by Ord. No.
2009-023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 7,
Animals, which consisted of Art. I, Dogs, adopted 1-2-1979, as amended.
A.
The
following regulations shall apply to all animals as defined in this
chapter found within the Town of Ledgeview, subject to the exceptions
listed within this chapter.
B.
The
purpose of this chapter is to provide a regulatory means for the keeping
of animals in the Town of Ledgeview, subject to reasonable restrictions,
which will preserve the public health, safety, and welfare.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Care of an animal to include, but not be limited to, a clean,
safe shelter that provides protection from the weather, sufficient
heat and ventilation, wholesome food and water, and exercise consistent
with the normal requirements and feeding habits of the animal's size,
species and breed.
The person or persons designated by the Town of Ledgeview
to enforce this chapter.
An animal shall be deemed to be at large when off the property
of the owner and not under restraint or control.
An animal that:
An overt act committed with the intent to harm or needlessly
kill an animal, or committed out of depraved indifference for the
animal's well-being, including but not limited to, torture, maiming,
beating or otherwise committing violence that causes injury or death.
Any animal that:
Without justification attacks a person or domestic animal causing
physical injury or death; or
Behaves in a manner that a reasonable person would believe poses
an unjustified imminent threat of serious injury or death to one or
more persons or domestic animals; or
Is used for dog fighting or other illegal activity; or
Escalates behavior that caused it to be adjudicated as an at-risk
animal.
Any canine over the age of four months old.
[Amended 2-6-2023 by Ord. No. 2023-03]
Any animal that has been bred or raised to live in or about
the habitation of humans and is dependent on people for food and shelter,
including, but not limited to, dogs, cats, birds, rabbits, hamsters,
turtles, and the like.
A fence or structure suitable to prevent the escape of the
animal or the entry of young children.
An animal of a nondomesticated species not commonly kept
as a household pet or for food and fiber production. Exotic animals
may or may not be native to the area and may or may not be governed
by existing wildlife regulations.
A facility serving as temporary or permanent housing for
dogs and maintained for the purpose of breeding, selling, training
or boarding dogs. A kennel can be maintained within a household premises
or may occupy a different property and may be operated as a hobby
or business.
Demonstrating an intent or desire to cause injury by one
or more of the following actions:
An attempt to bite or claw a person or another animal in such
a fashion to show plainly to a reasonable person an unfriendly intent
and put them in fear of attack; or
Growling or barking in an unfriendly manner while approaching
or chasing a person or another animal; or
Growling or barking in an unfriendly manner while making physical
contact with a person or another animal.
An overt act involving failure to provide for an animal's
health or safety, including but not limited to failure to provide
adequate food, water, shelter, exercise or necessary veterinary care
to an animal or to adequately confine an animal in a manner appropriate
to its species, breed, age and condition.
A person having the right of property or custody of an animal
or who keeps or harbors an animal or knowingly permits an animal to
remain on or about any premises occupied, owned or controlled by that
person.
Any owner, person, firm, partnership, association, corporation,
company, or organization of any kind.
To own, keep, harbor, bring into the Town, act as a custodian,
or have custody or control of an animal.
Any attack by an animal or physical injury caused by an animal
shall be considered provoked if at the time the attack occurs or the
injury is inflicted:
The person who was attacked or injured was teasing, tormenting,
abusing, or assaulting the animal; or
The animal was protecting a person, itself, its young or another
animal from an attack by a human being or another animal; or
The person who was attacked or injured was committing a crime
on the property of the animal's owner or caretaker.
Any canine four months old or younger.
[Added 2-6-2023 by Ord. No. 2023-03]
An animal shall be considered under restraint if it is confined
within the real property limits of its owner, is secured by a leash
or lead or is otherwise under the control of a responsible person,
or is confined within a vehicle in a manner that prevents escape.
The inoculation of an animal against rabies in accordance
with state law and the "Compendium of Animal Rabies Prevention and
Control" published by the National Association of State Public Health
Veterinarians and published annually in the Journal of the American
Veterinary Medical Association.
Any animal, including birds, reptiles, and amphibians of
a wild nature, that is normally found in the wild and which is not
a domestic animal.
The animals described in § 7-4, whether bred in the wild or in captivity, and any or all hybrids of same, shall be defined as "exotic animals" pursuant to the Town of Ledgeview Code of Ordinances. Except as specifically noted, no person shall possess any exotic animal in the Town of Ledgeview. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified. The following list is subject to change and may be updated at any time.
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Class Mammalia
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Order Chiroptera (any bat species)
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Order Artiodactyla (hippopotamuses, giraffes); excludes domestic
cattle, swine, sheep, goats, alpaca, and llama, buffalo, and bison
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Order Carnivora
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Family Felidae (lions, tigers, cougars, leopards, ocelots, servals),
excluding domestic cats, which shall be permitted
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Family Canidae (wolves, coyotes, foxes, jackals), excluding
domestic dogs
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Family Ursidae (all bears)
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Family Mustelidae (weasels, skunks, martins, minks), excluding
ferrets
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Family Procyonidae (raccoons, coatis)
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Family Hyaenidae (hyenas)
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Family Viverridae (civets, genets, mongooses)
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Order Edentatia (anteaters, armadillos, sloths)
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Order Marsupialia (opossums, kangaroos, wallabies, sugar gliders)
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Order Perissodactyla (rhinoceroses, tapirs), excluding horses,
donkeys, mules
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Order Primates (lemurs, monkeys, chimpanzees, gorillas)
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Order Proboscidae (elephants)
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Order Rodentia (squirrels, beavers, porcupines, prairie dogs),
excluding guineas pigs, mice, gerbils, and hamsters, which shall be
permitted
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Class Reptilia
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Order Squamata
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Family Helodermatidae (gila monsters and Mexican beaded lizards)
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Family Varanidae (any monitor which will normally grow over
two feet in length)
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Family Iguanaidae excluding green iguanas and rock iguanas,
which shall be permitted
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Family Boidae (all species whose adult length may exceed eight
feet)
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Family Colubridae (boomslangs and African twig snakes)
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Family Elapidae (coral snakes, cobras, mambas)
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Family Nactricidae, excluding keelback snakes, which shall be
permitted
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Family Viperidae (copperheads, cottonmouths, rattlesnakes)
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Order Crocodilia (crocodiles, alligators, caimans, gavials)
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Class Aves
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Order Falconiformes (eagles, hawks, vultures)
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Order Rheiformes (rheas)
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Order Casuariiformes (cassowaries)
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Order Strigiformes (owls)
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Class Arachnida
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Order Scorpiones, Family Buthidae
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Arabian fat-tailed scorpion—Androctonus crassicauda
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Arizona centruroides scorpion—Centruroides exilicauda
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Death Stalker—Leiurus quinquestriatus
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Egyptian yellow scorpion—Androctonus amoreuxi
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Israeli black scorpion—hottentotta judaicus
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S. A. giant fat-tailed scorpion—Parabuthus transvaalicus
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Sinai desert scorpion—Androctonus bicolor
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Yellow desert scorpion—Androctonus Australia
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Order Araneae, Family Therididae
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Argentina red widow spider
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Brown widow spider—Latrodectus geometricus
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Red-black widow spider—Latrodectus hasselti
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Red-widow spider—Latrodectus bishopi
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Southern black widow spider—Latrodectus mactans
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Western widow spider—Latrodectus Hesperus
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Class Chilopoda
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Order Scolopendromorpha, Family Scolopendridae
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Amazon giant banded centipede—Scolopendra giganea
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Arizona tiger centipede—Scolopendra viridis
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Florida Keys centipede—Scolopendra alternans
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A.
The
keeping of fowl, including pigeons, in other than an approved coop,
aviary or loft as described herein, is prohibited. "Pigeons" shall
be defined to include racing pigeons, fancy pigeons and sporting pigeons.
B.
All
coops, aviaries and lofts shall be kept and maintained in such a way
that they are kept clean and free from filth, garbage and other substances
which attract rodents or other vermin. No coops, aviaries or lofts
shall be maintained or operated in any manner which violates any Town
building code.
C.
Building
designs. Aviaries, coops or lofts shall be completely enclosed with
wire netting or equivalent material that will prevent the fowl from
escaping the confines of the structure. Structures shall not exceed
200 square feet in size and shall be of such a design as to conform
with the symmetry of the existing principal structures on the lot
and shall be sided in similar fashion to the principal structure on
the property. All aviaries and housing of pigeons shall be elevated
a minimum of six inches and a maximum of 12 inches above the grade
to ensure a freeway beneath the aviary. Further, the aviary shall
rest upon and be anchored to a foundation or piers made of concrete
or other suitable foundation material. No aviary may exceed 12 feet
in height. The property upon which the fowl are kept shall have established
a principal use conforming with the zoning district.
§ 7-6.1.
Licensing
of dogs; rabies vaccinations.
A.
All dogs over the age of four months must be individually
licensed unless they are:
B.
All dogs over the age of four months must be vaccinated
for rabies, and a copy of the vaccination certificate must be presented
with the license application.
C.
Rabies vaccinations must be given by a licensed
veterinarian in accordance with state law and the compendium of Animal
Rabies Prevention and Control.
D.
Dog license fees will be set by the governing jurisdiction
in which the dog is kept.
§ 7-6.2.
Limitation
on number of dogs per residential lot.
[Amended 2-6-2023 by Ord. No. 2023-03]
A.
No person shall own, harbor or keep more than three
dogs at any residence, with the exception of a litter of puppies or
a portion of a litter, which may be kept for a period not exceeding
10 weeks from birth.
B.
The keeping of more than three dogs other than litters as described above shall require a conditional use permit, which may be granted by the Town Board. Any owner who owns, harbors or keeps more than three dogs is presumed to be operating a dog kennel and shall be subject to the provisions of Chapter 135, Zoning.
§ 7-6.3.
Confinement.
A.
Dogs must be securely confined, restrained, leashed
or under control of an owner.
§ 7-6.4.
Nuisance
dogs.
A.
Owners shall prevent dogs from causing a nuisance
by barking, howling or yelping in a habitual, consistent or persistent
manner that disturbs the peace of the neighborhood.
B.
Nuisances include but are not limited to frequent
running at large, chasing cars, excessive noise or yelping, soiling
of public property or of private property not owned or rented by the
pet owner, and noxious odors or unsanitary conditions caused by failure
to clean the dog's resident property.
C.
Owners must remove feces deposited by their dogs
on public property, public and private rights-of-way, and private
property not owned or rented by the animal owner and prevent pets
from spraying or depositing urine on lawns and landscaping that causes
damage to grasses, flowers, shrubs, etc.
D.
The animal control authority shall investigate each
complaint and issue a warning letter to the dog owner on the first
offense. A citation may be issued on subsequent offenses.
§ 7-6.5.
Restrictions
on keeping dogs.
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It shall be unlawful for any person in the Town of Ledgeview
to own, harbor or keep any dog which:
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A.
Is deemed dangerous or vicious; or
B.
Habitually pursues any vehicle upon any public street,
alley, or highway of the Town; or
C.
Assaults or attacks any person or animal; or
D.
Is at large; or
E.
Habitually barks or howls to the annoyance of any
person or persons; or
F.
Kills, wounds, or acts in menacing fashion toward
any animals; or
G.
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.
H.
Exceeds the allowed number of dogs by this chapter
or as specified in a conditional use permit for a kennel.
[Added 2-6-2023 by Ord. No. 2023-03]
§ 7-6.6.
Duty
of owners in cases of dog bite.
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Every owner, or person harboring or keeping a dog, who knows
that such dog has bitten any person shall immediately report such
fact to the Health Officer and shall keep such dog confined for not
less than 14 days or for such period of time as the Health Officer
shall direct. The owner or keeper of any such dog shall surrender
the dog to the Health Officer or any police officer upon demand for
examination.
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§ 7-7.1.
At-risk
animals.
A.
Procedure for classifying an animal as "at risk":
(1)
The constable or his representative or the animal
control authority shall investigate the circumstances of any complaint
filed against an animal alleged to be at risk and notify the owner
of the charge.
(2)
The constable or his representative or the animal
control authority shall have discretionary authority to refrain from
classifying an animal as an at-risk animal if it can be determined
that the behavior was:
B.
Sanctions for owning an at-risk animal. The owner
must provide secure fencing or other appropriate secure enclosure
to keep the animal confined on his own property. When off the owner's
property, the animal must be kept on a secure leash of no more than
four feet in length or in a fully secure traveling container and under
control of a legally responsible person.
C.
Repeated violations. Repeated violations that would
earn an at-risk designation will result in classification of the animal
as dangerous.
D.
In the case of canines, if there have been no further
incidents for a period of 18 months, and the owner can provide to
the constable or his representative proof of successful completion
of obedience training at a reputable club or business, the designation
may be removed.
§ 7-7.2.
Dangerous
animals.
A.
A dangerous animal is one that:
(1)
Has previously been classified as at risk and exhibits
escalating aggressive behaviors that result in further complaints;
or
(2)
An animal that, without provocation, inflicts severe
injury on a human being; or
(3)
Menaces, maims or kills domestic animals when off
its owner's property; or
(4)
Is used in the commission of a crime, including
but not limited to animal fighting, menacing or guarding illegal operations.
B.
Notwithstanding the above, the constable or his
representative shall have discretionary authority to refrain from
filing charges against the animal or animal owner, even if the animal
has engaged in the specified behaviors, if it can be determined that
the behavior was the result of the victim abusing or tormenting the
animal, was directed toward a trespasser or a person committing or
attempting to commit a crime or involved other similar mitigating
or extenuating circumstances.
C.
Animals that have been determined to be dangerous
shall be confined in a secure enclosure so as to contain the animal
and prevent trespass. Additionally, the property shall contain a posting
visible to all indicating that the property has a dangerous animal
on premises.
D.
Additional incidents of dangerous acts or behavior
on the part of the animal may result in a petition for the destruction
of the animal and for additional penalties for the owner. All costs
associated with the destruction of the animal will be assessed against
the animal's owner.
A.
No
person, owner, or custodian shall permit any animal (including fowl)
to be at large within the Town.
B.
No
person, owner, or custodian shall permit any animal (including fowl)
to be left unattended within five feet of a public right-of-way. Such
public rights-of-way include, but are not limited to, sidewalks, streets,
alleys, and parking lots.
C.
Animal
owners must provide adequate care for animals in their keeping. Adequate
care includes but is not limited to a clean, safe shelter that provides
protection from the weather, sufficient heat and ventilation, wholesome
food and water and exercise consistent with the normal requirements
and feeding habits of the animal's size, species and breed.
D.
A
constable or his representative shall impound cattle, horses, sheep,
swine and other animals at large on the highways in violation of the
Town ordinance.
A.
Any person, firm or corporation, or agent, employee, or contractor of such, which violates, destroys, omits, neglects, or refuses to comply with, or who resists enforcement of, any provision of this chapter shall, upon conviction thereof, pay a forfeiture in accordance with § 1-16, Forfeiture Schedule, of this Code, together with the costs of prosecution, and in default of payment of such forfeiture and costs may be imprisoned in the county jail until payment of said forfeiture and costs of prosecution are made pursuant to § 800.095, Wis. Stats. Confinement to the county jail shall not exceed 30 days for each offense. Each violation and each day of violation shall constitute a separate offense.
B.
This
section shall not preclude the Town of Ledgeview from maintaining
any appropriate action to prevent or remove a violation of this section
or any other remedy available by law.
A.
If a court of competent jurisdiction adjudges any section, clause,
provision, or portion of this Code of Ordinances unconstitutional
or invalid, the remainder of this chapter shall not be affected thereby.
B.
If any application of this chapter to a particular structure, use,
land, or water is adjudged unconstitutional or invalid by a court
of competent jurisdiction, such judgment shall not be applicable to
any other structure, use, land, or water not specifically included
in said judgment.
