[HISTORY: Adopted by the Village Board of the Village of Fox Point as indicated in article histories. Amendments noted where applicable.]
Property maintenance — See Ch. 681.
[Adopted as Ch. 25 of the 1961 Code]
Terms used in this article are defined as follows:
- AT LARGE
- A dog or cat shall be deemed at large within the Village of Fox Point when on public property or any private land other than that of its owner unless it is:
- A. Attached to a leash of sufficient strength to restrain the dog or cat, where said leash is held by a person competent to govern the dog or cat;
- B. Properly restrained within a motor vehicle; or
- C. Under the direction and control of a handler expressly authorized by the Village Board to act on the Village's behalf.
- DANGEROUS DOG
- Any individual dog which, when either unmuzzled, unleashed, or unattended by its owner, or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places.
- Any person owning, harboring, sheltering, or keeping a dog or cat. 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 is presumed to be harboring, sheltering, or keeping a dog or cat within this definition.
- A. Any individual dog that when unprovoked inflicts bites on or attacks a human being or other animal either on public or private property.
- B. Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
- C. Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment.
- D. Any individual dog which attacks a human being or domestic animal without provocation.
- E. Any individual dog which has been found to be a dangerous dog upon three separate occasions.
- F. No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to a breed.
It shall be unlawful:
To own an animal which is at large.
To own an animal which assaults or attacks any person.
To own or keep an animal which, by frequent howling, whining, yelping, barking, meowing or otherwise, shall cause serious annoyance or disturbance to a person or persons living in the area.
[Amended 12-14-2010 by Ord. No. 2010-16]
To own or keep an animal which acts in such a manner as to justify the belief that it is vicious. Any animal which shall have bitten any person or other animal within the Village and off the owner's property shall be presumed a vicious animal.
To keep an animal in the Village except as allowed by and in compliance with this chapter.
[Added 9-13-2018 by Ord. No. 2018-09]
Vicious and dangerous dogs.
It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure.
The only times that a vicious dog may be allowed out of the enclosure are:
If it is necessary for the owner or keeper to obtain veterinary care for the dog; or
To comply with the order, the dog must be muzzled or restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
[Amended 11-11-2014 by Ord. No. 2014-08]
Any dog which has been found to be a vicious dog which is not confined to an enclosure shall be impounded or turned over to a licensed veterinarian for destruction by lethal injection.
[Amended 11-11-2014 by Ord. No. 2014-08]
No owner or keeper of a vicious dog shall sell or give away the dog.
Any dog found or determined to be vicious or dangerous shall be microchipped for permanent identification and all information pertaining to said animal will be stored in a central database for the purpose of tracking said animal.
Any dog quarantined for a bite will be microchipped by a licensed veterinarian prior to its release from quarantine at the expense of the owner of said animal.
[Amended 11-11-2014 by Ord. No. 2014-08]
No person or persons living, lodging, cooking or eating together in a residence or residential unit shall own or keep within the Village a number of dogs and/or cats over the age of six months which added together total more than three animals.
[Amended 8-9-2011 by Ord. No. 2011-09]
The Wisconsin Humane Society and its agents and any police officer or any health officer of the Village or the Milwaukee Area Domestic Animal Control Commission may apprehend and impound any dog or cat within the classification of § 579-2. If the dog or cat falls within either § 579-2A(2) and/or (4), it may be retained in impoundment in a private kennel until the Municipal Court or other court having jurisdiction over the matter makes a finding that there has been a violation or has not been a violation.
Editor's Note: Original § 25.04, which immediately followed this section, was repealed 7-9-1996 by Ord. No. 96-631.
[Amended 8-9-2011 by Ord. No. 2011-09]
Wisconsin Statutes § 95.21, titled "Rabies control program," and rules of the Wisconsin Department of Agriculture, Trade and Consumer Protection adopted pursuant to said statute, including such amendments, recodification, or renumbering as may be made thereto from time to time, shall apply within the Village of Fox Point. Such laws and administrative rules are incorporated herein as though stated herein at length, including the penalties described therein, except as to the penalty of imprisonment.
[Amended 8-9-2011 by Ord. No. 2011-09]
Any person who knows that a dog or cat has bitten any person shall immediately report such fact to a police officer or health officer of the Village, and upon notification of such fact, the owner or keeper of the dog or cat shall have the animal confined, pursuant to the state statutes and administrative rule authority referenced in § 579-5 above. If the animal is currently immunized against rabies as evidenced by a valid certificate of rabies vaccination or other sufficient evidence as determined by the police officer or health officer, then the owner shall be allowed to quarantine the animal on the premises of the owner. In other cases the police officer or health officer shall order the animal to be quarantined in a boarding kennel or small animal hospital approved by the police officer or health officer. The quarantine shall be for a period of at least 10 days after the incident occurred, and said animal shall not be released or removed from quarantine without the written approval of a licensed veterinarian.
Any police officer or the Wisconsin Humane Society or any of its agents may enter upon the premises of the owner or keeper of an unlicensed dog, as defined in Ch. 174, Wis. Stats., for the purpose of seizing it.
[Amended 11-11-2014 by Ord. No. 2014-08]
Any dog or cat impounded pursuant to the provisions of this article may be redeemed by payment as defined by the impounding authority. In addition to the above fees, the owner of an unlicensed dog or cat shall obtain a license before it is released.
The owner of a dog shall not permit the dog from June 1 to September 15 to be upon the public beaches adjacent to North Beach Road in the Village, whether or not accompanied by the owner or a member of the owner's family.
Any dog found upon the public beaches, except as allowed in Subsection A, and any dog found upon public beaches adjacent to North Beach Road from June 1 to September 15 at large, is subject to seizure by the Police Department or the designee of the Chief of Police, and upon seizure shall be impounded, subject to the right of the owner to obtain possession thereof as provided in this article. Any person allowing or contributing to the illegal presence of a dog upon a public beach shall be subject to citation and forfeiture as imposed by the § 1-4 of this Code.
A dog license shall be required as provided by § 174.05, Wis. Stats., and a cat license shall be required as provided by Milwaukee County ordinances. The applicant shall first display a current certificate of rabies vaccination before a dog or cat license is issued. The registration fees shall be as provided by the Milwaukee Area Domestic Animal Control Commission (MADACC).
The dog license tag shall be securely attached to a collar. The collar with the tag shall at all times be kept on the dog or cat for which the license is issued.
No person shall appear with an animal on any public or private property other than the premises of the animal owner or said person unless such person visibly has in his or her immediate possession a scoop or device for the removal of fecal matter.
No person who appears with an animal on any public or private property other than the premises of the animal owner or said person shall fail to immediately remove fecal matter of said animal and dispose of it on the premises of the animal owner or said person. Such fecal matter shall not be deposited in a container or receptacle of any type which is used for the deposit of rubbish to be collected by the Department of Public Works of the Village.
The owner of an animal is responsible for the prompt removal and disposal of any fecal matter deposited by the animal on any public or private property other than the premises of the animal owner where Subsection B does not apply. Fecal matter shall be deposited on the premises of the owner and shall not be deposited in a container or receptacle of any type which is used for the deposit of rubbish to be collected by the Department of Public Works of the Village.
Any person violating any provision of this article shall, upon conviction, be subject to penalties as provided in § 1-4 of the Fox Point Village Code. However, the minimum forfeiture to be imposed on any person convicted of violating any section of this article shall be $25 and shall be increased by $25 for each prior conviction in a three-year period measured from date of offense to date of offense.
In any case falling within § 579-2A(2) and/or (4), the owner shall make a mandatory appearance before the Municipal Court of the Village. If the Municipal Court makes a finding that there has been a violation of one of said subsections, the Municipal Court may, in addition to any penalties under § 579-12, order that the dog or cat be destroyed or removed from the Village.
No person may cause, allow or themselves cruelly beat, frighten, overburden, neglect or abuse any animal or bird, or use any device or chemical substance by which pain, suffering or death may result, whether the animal belongs to the person or another, except that reasonable force may be used to drive off vicious or trespassing animals.
No person shall abandon any animal or bird or transport any animal or bird in a cruel manner.
Food and water. No person owning or having custody of any animal or bird may neglect or fail to provide it with necessary nourishing food at least once daily and provide a constant supply of clean water to sustain the animal or bird in good health.
No person may fail to provide any animal or bird in his or her charge with shelter from inclement weather to ensure the protection and comfort of the animal or bird.
When sunlight is likely to cause overheating or discomfort to any animal or bird, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun but still allow air to pass to keep the animal cool.
Dogs and cats kept outdoors for more than one hour at a time shall be provided with moistureproof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. Whenever the outdoor temperature is below 40° F., clean, dry bedding materials shall be provided in such shelters for insulation and to retain the body heat of the animal. Automobiles shall not be used as animal shelters.
Areas to be kept clean. Any area where an animal is housed or allowed to remain shall be kept clean of feces, animal waste, and other substances in order to keep the animal healthy and comfortable.
Leashes. Chains, ropes or leashes shall be placed or attached so that they shall not be entangled with another animal or object and shall be of sufficient length in proportion to the size of the animal to allow the animal proper exercise and convenient access to food, water and shelter. A leash shall be located so as not to allow an animal to trespass on public or private property nor in such manner as to cause harm or danger to persons or other animals. A leash shall be located so as not to allow the animal to jump over an obstacle where the leash can become entangled and the animal choke.
Enforcement. The Police Department or Milwaukee Area Domestic Animal Control Commission may enforce any provision of this section.
Animal removal. The Police Department or Milwaukee Area Domestic Animal Control Commission may confiscate or remove animals from a premises for violation of any part of this section. Animals removed because of such action may be stored or disposed of in a humane manner by the Milwaukee Area Domestic Animal Control Commission or its designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction is not required.
Exception. This section does not apply to the extermination of rats, mice or other vermin.
No person shall feed any deer in the Village of Fox Point except as provided in Subsection B below.
The feeding of deer shall be permitted only if authorized by the Village Manager of the Village of Fox Point solely for the purpose of assisting in any program for the management of deer in the Village of Fox Point or for the removal of deer from the Village of Fox Point.
The Village Board finds that the unregulated or unfettered provision of food substances to rodents, or other nondomestic animals, can result in infestation, the accumulation of feces, or the presence of diseased animals any of which can present a risk to the health and welfare of the public. As such, the Village Board adopts the following regulation pertaining to the feeding of animals.
No person, firm, or corporation, shall place, or allow to accumulate, any materials that may serve as a food for mice, rats or other rodents and nondomestic animals at a site accessible to rodents or any other nondomestic animal. Any waste material that may serve as food for such rodents or nondomestic animals shall be stored in rodent-proof containers.
The foregoing provision shall not apply to bait material employed for pest control purposes.
The Village Board finds that the unregulated or unfettered provision of food substances to birds can result in infestation, the accumulation of feces, or the presence of diseased animals, any of which can present a risk to the health and welfare of the public. As such, the Village Board adopts the following regulation pertaining to the feeding of birds.
Bird feeders. Feed for birds shall be placed in a covered hopper or gravity-type feeder. The platform of the feeders shall be of reasonable size and surrounded by a ledge to deter food from blowing off. The feeders shall be placed on top of a rodent-proof pole which extends at least 3.5 feet above the ground and shall be placed at least six feet from the nearest climbable object, or the feeder may be suspended from a tree if protected by rodent guards. Notwithstanding the foregoing, rodent-proof feeders do not need a rodent-proof pole and can be located closer than six feet to a climbable object; however, rodent-proof feeders also must be located at least 3.5 feet above the ground.
No feed on ground. Feed for birds shall not be placed on the ground where it is accessible to rodents or geese.
No feeding migratory waterfowl. No person or persons shall feed migratory waterfowl on any public or private property in the Village of Fox Point. As used in this subsection, the following terms shall have the meanings indicated:
- To give, place, expose, deposit, distribute, or scatter any edible material by any person with the intent of feeding, attracting or enticing migratory waterfowl; or to cause the same, or to provide food for the same.
- MIGRATORY WATERFOWL
- Those species of birds commonly known as ducks, geese, and swans, including all migratory bird species identified in the categories of "duck," "goose" and "swan" within Title 50, Part 10, Subpart B, Section 10.13 of the Code of Federal Regulations (CFR), titled "List of Migratory Birds," including such amendments and renumbering of such code section as may be adopted from time to time.
Penalties. Upon conviction, a person is subject to such penalties as provided in § 1-4 of the Village Code.
[Added 9-13-2018 by Ord. No. 2018-09]
Definitions. For purposes of this section, the following definitions shall apply.
- The common domestic fowl of the subspecies Gallus gallus domesticus. This does not include other birds or domestic fowl, such as ducks, geese, or turkeys.
- A male chicken that is six months old or older.
Permit required. No person shall keep a chicken or chickens in the Village without obtaining a permit upon approval of the Village Manager or his/her designee. The permit process requires a completed application accompanied by the fee payment prescribed in § 63-6JJ.
The applicant shall file a written application to the Village Clerk that includes all of the following:
A description and drawing that clearly represents the location where the chickens will be kept on the lot and the location of the enclosure, including a description and depiction of all fencing, coops or other structures to be used for enclosing the chickens;
A description of the plan to ensure the proper maintenance and cleaning of the area where the chickens will be kept;
A description of the plan to ensure the proper feeding, shelter, and care of the chickens.
Action on application.
The application shall be provided to the Village Manager who shall provide notice of the application, by regular and certified mail, to the property owner (if not the applicant) and to the owners of all properties that abut the subject property at any point, including those properties that abut an alley, path or right-of-way directly across from the yard on the subject property where the chickens will be kept.
If there are no written objections from such owners within 30 days from the date of mailing of the notices, the application for the permit shall be deemed accepted by such owners and the Manager shall issue the permit if the application is otherwise compliant with the Village Code, including the provisions of this § 579-17.5.
If there is an objection, there shall be a public hearing before the Plan Commission, and the Plan Commission shall approve the application only upon finding that these standards are met:
Any aggrieved party shall have the right to appeal the decision of the Plan Commission to the Board of Appeals.
Keeping of chickens allowed. The keeping of up to four chickens, with a permit, is allowed on a single-family residential premises, subject to the following:
No person shall keep any rooster.
No person shall slaughter any chickens.
Chickens shall be provided with fresh water at all times and adequate amounts of feed.
Chickens shall be provided with a sanitary and adequately sized covered enclosure, that is at least 16 square feet in size per chicken, and shall be kept in the covered enclosure at all times.
Chicken coops shall be constructed in a workmanlike manner, be moisture-resistant and either raised up off the ground or placed on a hard surface, such as concrete, patio block or gravel. Each shall be considered a structure and shall require a permit and Village Manager approval. The Village Manager shall study such application and approve the chicken coop only upon finding that these standards are met:
Chicken coops and yards shall be constructed and maintained to reasonably prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, feathers and other waste daily and more often as is necessary to ensure that the coop and yard do not become a health, odor or other nuisance.
The enclosure shall be located in compliance with all of the following, and in the event of conflicting requirements the more restrictive shall apply:
The nearest point of the enclosure must be at least 30 feet away from any residential structure on another lot;
The enclosure, and all parts of the enclosure, are prohibited in any front yard;
The enclosure, and all parts of the enclosure, are prohibited in any side yard;
The enclosure can only be located in a rear yard, but no enclosure, and no part of the enclosure, can be closer to a side lot line than the closest distance between that lot line and the principal structure on the lot.
In addition to compliance with the requirements of this section, no one shall keep chickens that cause any nuisance, unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.
The use shall at all times be conducted pursuant to the plans and representations made in the application.
Nothing herein shall be interpreted to authorize the conduct of a business or commercial use on a residential property. No sales of eggs, chicks, or chickens shall be made from a residential property.
Persons applying for and receiving a permit for the keeping of chickens thereby consent to the entry of Village staff and Village agents onto the subject property at all reasonable times to inspect and investigate the property, the enclosure, and the chickens for purposes of determining compliance with and for enforcement of this Code.
Costs that the Village may incur in inspection, investigation, testing, quarantine, isolation, vaccination, humane euthanasia, or otherwise arising from the subject property owner's keeping of chickens, may be charged to the property owner, and such charges that remain unpaid within the time allowed may be imposed on the tax bill for the subject property as a special charge, pursuant to § 66.0627, Wis. Stats., and Chapter 67, Article III, of this Code.
Public health requirements. Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Health Department.
The North Shore Health Department or its agents may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens or chickens believed to be carriers of a communicable disease.
Effect of permit. The permit shall allow the applicant to keep up to four chickens on the subject property in compliance with this section. A new permit is not required for the applicant to raise new or replacement chickens on the property, provided that the total shall not exceed four chickens at any time. The permit shall lapse automatically if no chicken is kept on the property for any consecutive twelve-month period. The permit is not transferable from the applicant to any other person, and does not run with the land to a new owner of the property.
Removal. The chickens shall be immediately removed from the property upon lapse, revocation or expiration of the permit for keeping chickens. The enclosure in its totality, including any fencing, covered enclosure, chicken coop, or any other structure or structural elements, shall be completely removed from the property within 15 days of the lapse, revocation or expiration of the permit for keeping of chickens.
[Adopted by Ord. No. 301 (§§ 29.01 and 29.02 of the 1961 Code)]
It shall be unlawful for any person, firm or corporation to sell or offer for sale, barter, or give away baby chicks, ducklings, or other fowl, whether or not dyed, colored, or otherwise artificially treated.
In the case of any violation of this article, it shall be the duty of any duly appointed humane officer, peace officer, sheriff, or health officer to seize such fowl or pets and provide the necessary care and attention, and such fowl or pets shall not be returned until all expenses for such care and attention shall have been paid.