[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 7, Ch. 1, of the former City Code. Amendments noted where
applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person by leash. A dog or cat within an automobile of its
owner, or in an automobile of any other person with the consent of
the owner of said dog or cat, shall be deemed to be upon the owner's
premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane or animal control officer under § 173.03,
Wis. Stats., but does not include a conservation warden appointed
under § 23.10, Wis. Stats.
A dog or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this section.
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted, and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
A.Â
Rabies vaccination. The owner of a dog or cat shall have the dog
or cat vaccinated against rabies by a veterinarian at no later than
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or cat or brings the dog
or cat into the City of Prescott after the dog or cat has reached
five months of age, the owner shall have the dog or cat vaccinated
against rabies within 30 days after the dog or cat is brought into
the City unless the dog or cat has been vaccinated as evidenced by
a current certificate of rabies vaccination. The owner of a dog or
cat shall have the dog or cat revaccinated against rabies by a veterinarian
before the date of that immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.[1]
B.Â
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog or cat 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 City stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog or cat, the date of the vaccination, the
type of rabies vaccination administered and the manufacturer's name
and serial number, the date that the immunization expires as specified
for that type of vaccine by the Center for Disease Control of the
U.S. Department of Health and Human Services and the City.
C.Â
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 or cat
is revaccinated, whichever occurs first.
D.Â
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.Â
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 or cat at all times, but this requirement does not apply to a dog or cat during competition or to a dog or cat securely confined indoors. 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 or cat, which is not required to be vaccinated under Subsection A of this section.
F.Â
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.Â
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.Â
Licensing of dogs and cats.
(1)Â
It shall be unlawful for any person in the City of Prescott to own,
harbor or keep any dog or cat more than five months of age without
complying with the provisions of this chapter and §§ 174.05
through 174.10, Wis. Stats., relating to the listing, licensing and
tagging of the same.[1]
(2)Â
The owner of any dog or cat 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 and cat becomes five months
of age, pay a license tax and obtain a license.
(3)Â
The minimum license tax under this section shall be as prescribed
in the City's fee schedule for spayed females or neutered males. The
minimum fee for unspayed or unneutered animals shall be as prescribed
in the City's fee schedule. 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.
(4)Â
Upon payment of the required license tax and upon presentation of evidence that the dog and cat is currently immunized against rabies, as required by § 235-2 of this chapter, the City Clerk shall complete and issue to the owner a license for such dog and cat containing all information required by state law. The City Clerk shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5)Â
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog and cat for which the license is issued at all times, except as provided in § 235-2E.
(6)Â
The fact that a dog and cat is without a tag attached to the dog
and cat by means of a collar shall be presumptive evidence that the
dog and cat is unlicensed. Any City law enforcement or humane officer
shall seize, impound or restrain any dog or cat for which a dog or
cat license is required which is found without such tag attached.
(7)Â
Notwithstanding the foregoing, every dog or cat specifically trained
to lead blind or deaf persons is exempt from the dog or cat license
tax, and every person owning such a dog shall receive annually a free
dog or cat license from the City Clerk upon application therefor.
B.Â
Kennel licenses.
(1)Â
Any person who keeps or operates a kennel may, instead of the license
tax for each dog required by this chapter, apply for a kennel license
for the keeping or operating of the kennel. Such person shall pay
for the license year a license tax fee as prescribed in the City's
fee schedule for a kennel of 12 or fewer dogs and an additional fee
as prescribed in the City's fee schedule for each dog in excess of
12. Upon payment of the required kennel license tax and, if required
by the City, upon presentation of evidence that all dogs over five
months of age are currently immunized against rabies, the City Clerk
shall issue the kennel license and a number of tags equal to the number
of dogs authorized to be kept in the kennel. Kennels may only be located
in commercial and/or residential areas following a public hearing
and approval by the Common Council utilizing the conditional use procedures
prescribed in the City's Zoning Code; the Council may attach conditions
to such approval as a conditional use under the City's Zoning Code.[2]
(2)Â
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a kennel license, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. These
tags may be transferred from one dog to another within the kennel
whenever any dog is removed from the kennel. The rabies vaccination
tag or substitute tag shall remain attached to the dog for which it
is issued at all times, but this requirement does not apply to a show
dog during competition, to a dog securely confined indoors or to a
dog securely confined in a fenced area. No dog bearing a kennel tag
shall be permitted to stray or to be taken anywhere outside the limits
of the kennel unless the dog is on a leash or temporarily for the
purposes of hunting, breeding, trial, training or competition.
(3)Â
The term "kennel" means any establishment wherein or whereon three
or more dogs are kept.
(4)Â
No kennel license shall be issued to the keeper or operator of a
kennel who fails to provide proper food and drink and proper shelter
for the dogs in said kennel or who neglects or abandons said dogs.
The Chief of Police or other designated official shall investigate
any complaints regarding the failure to maintain proper standards
or investigate any kennel premises upon his own initiative. Expressly
incorporated by reference in this section as minimum standards for
kennel keepers or operator are the relevant provisions of Chapter
951 of the Wisconsin Statutes.
The City Clerk shall assess and collect a late fee as prescribed
in the City's fee schedule from every owner of a dog or cat 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 cat or if the owner failed to obtain a license on or before
the dog or cat reached licensable age. Said late fee shall be charged
in addition to the required license fee.
A.Â
Dogs and cats confined. If a district is quarantined for rabies,
all dog or cats within the City 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 City Clerk
shall promptly post in at least three public places in the City notices
of quarantine.
B.Â
Exemption of vaccinated dog or cats from City 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 City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.Â
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)Â
Quarantine or sacrifice of dog or cat. An animal control or law enforcement
officer shall order a dog or cat quarantined if the officer has reason
to believe that the animal bit a person, is infected with rabies or
has been in contact with a rabid animal. If a quarantine cannot be
imposed because the dog or cat cannot be captured, the officer may
kill the animal. The officer shall attempt to kill the animal in a
humane manner and in a manner which avoids damage to the animal's
head.
(2)Â
Sacrifice of other animals. An officer may order killed or may kill
an animal other than a dog or cat if the officer has reason to believe
that the animal bit a person or is infected with rabies.
D.Â
Quarantine of dog or cat.
(1)Â
Delivery to isolation facility or quarantine on premises of owner.
An animal control or law enforcement officer who orders a dog or cat
to be quarantined shall deliver the animal or shall order the animal
delivered to an isolation facility as soon as possible but no later
than 24 hours after the original order is issued or the officer may
order the animal to be quarantined on the premises of the owner if
the animal is immunized currently against rabies as evidenced by a
valid certificate of rabies vaccination or other evidence.
(2)Â
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. In this subsection,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation
and on one intervening day. If the observation period is not extended
and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)Â
Risk to animal health.
(a)Â
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(b)Â
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat is immunized against rabies, the custodian of
an isolation facility or the owner shall keep the animal leashed or
confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)Â
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. If the dog or
cat is suspected to have bitten a person, the veterinarian shall notify
the person or the person's physician.
E.Â
Delivery of carcass; preparation; examination by laboratory of hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian.
The veterinarian or local 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 City, the veterinarian which prepared
the carcass and, if the animal is suspected to have bitten a person,
that person or the person's physician.
F.Â
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 City, the Laboratory
of Hygiene, the local health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's physician.
G.Â
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.Â
Restrictions. It shall be unlawful for any person within the City
of Prescott to own harbor or keep any dog or cat which:
(1)Â
Habitually pursues any vehicle upon any public street, alley or highway
in the City.
(3)Â
Is at large within the limits of the City.
(5)Â
Kills, wounds or worries any domestic animal.
(6)Â
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)Â
In the case of a dog or cat, is unlicensed.
B.Â
Vicious dogs and animals.
(1)Â
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on 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
section, 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
injury requiring medical attention to one person in unprovoked circumstances
off the owner's premises.
(2)Â
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 motorized or nonmotorized vehicles.
C.Â
Animals running at large.
(1)Â
No person having in his possession or ownership any animal or fowl
shall allow the same to run at large within the City. 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 shall be seized and impounded by an animal control or law
enforcement officer.
(2)Â
A dog or cat shall not be considered to be running at large if it
is on a leash and under control of a person physically able to control
it or is trained and in the immediate company of a person to which
it immediately responds and obeys (e.g., a dog playing a game of fetch
in a field, or walking alongside its owner or a member of the owner's
immediate family) if such person is over the age of 12 years.
A.Â
Animal control agency.
(1)Â
The City of Prescott 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 impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)Â
The City of Prescott does hereby delegate any such animal control
agency the authority to act pursuant to the provisions of this section.
B.Â
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any animal control or law enforcement
officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of the City,
assaults or attacks any person, is at large within the City, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his/her possession a signed statement of a complaining
witness alleging the facts regarding the violation.
C.Â
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the U.S. mail, if such owner be known
to the officer or can be ascertained with reasonable effort. If within
seven days after such notice the owner does not claim such animal,
the officer may authorize sale of the animal in a proper and humane
manner; provided, 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, plus the actual cost
of boarding the animal for each day or fraction thereof the dog or
cat has been so impounded. Owners of unlicensed dog or cat shall also
obtain a license prior to release of art impounded animal. No animal
shall be released from the animal shelter without being properly licensed
as required by state law or City ordinance.
D.Â
City not liable for impounding animals. The City 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.
[Amended 5-29-2012 by Ord. No. 08-12; 2-24-2014 by Ord. No. 01-14; 10-11-2021 by Ord. No. 05-21]
No dog, cat or any other pets or farm animals shall be permitted
in any public playground, school grounds, public park, beach, or swimming
area within the City of Prescott unless on a leash not to exceed 15
feet in length. Dogs, cats and other pets are prohibited from being
in cemeteries. The owner shall pick up any litter caused by the animal.
The owner may not allow the animal to intimidate other persons on
the public grounds. Specially trained service dogs shall be exempt
from this section.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Chief of Police and shall keep such dog or
cat confined for not less than 10 days or for such period of time
as the animal control officer shall direct. The owner or keeper of
any such dog or cat shall surrender the dog or cat to a law enforcement,
health, or animal control officer upon demand for examination.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to be upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate or urinate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities.
A.Â
Protected animals.
(1)Â
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 City 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, cairnan
or crocodile of the order of crocodilia, gray or timber wolf (canis
lupus), sea otter (enhydra lutris), Pacific fidley turtle (lepidochelys
olivacea), Atlantic green turtle (chelonia mydas), Mexican ridley
turtle (lepidochelys kernpi).
(2)Â
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)Â
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this City any part of the
plumage, skin or dead body of any species of hawk, owl or eagle. This
subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected
for use by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
B.Â
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, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
C.Â
Wild animals; prohibition on keeping. Except for state-licensed game
farms, it shall be unlawful for any person to keep, maintain or have
in his possession or under his control within the City any poisonous
reptile or any other dangerous or carnivorous wild animal, insect
or reptile, any vicious or dangerous domesticated animal of 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/her
possession or under his control within the City any of the following
animals, reptiles or insects:
(1)Â
All poisonous animals and reptiles including rear-fang snakes.
(2)Â
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); ans siamangs (Symphalangus).
(3)Â
Baboons (Papoi, Mandrillus).
(4)Â
Bears (Ursidae).
(5)Â
Bison (Bison).
(6)Â
Cheetahs (Acinonyx jubatus).
(7)Â
Crocodilians (Crocodilia), 30 inches in length or more.
(8)Â
Constrictor snakes, six feet in length or more.
(9)Â
Coyotes (Canis latrans).
(10)Â
Game cocks and other fighting birds.
(11)Â
Hyenas (Hyaenidae).
(12)Â
Jaguars (Panthera onca).
(13)Â
Leopards (Panthera pardus).
(14)Â
Lions (Panthera leo).
(15)Â
Lynxes (Lynx).
(16)Â
Ostriches (Struthio).
(17)Â
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(18)Â
Sharks (class Chondrichthyes).
(19)Â
Snow leopards (Panthera uncia).
(20)Â
Tigers (Panthera tigris).
(21)Â
Wolves (Canis lupus).
(22)Â
Poisonous insects.
(23)Â
Except in properly zoned districts, horses, mules, ponies, llamas,
donkeys, cows, pigs, goats, sheep, chickens, poultry or any animal
raised for fur-bearing purposes unless otherwise permitted elsewhere
in this Code.
D.Â
Exceptions. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a state-licensed game farm, 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; zoological gardens; if:
E.Â
Farm animals; miniature pigs. Except as provided in § 235-21 and on properties zoned in an agricultural classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep or rabbits (more than four).[2]
[Amended 1-9-2012 by Ord. No. 12-11]
[2]
Editor's Note: Original Sec. 7-1-13, Sale of rabbits, chicks or artificially colored animals, Sec. 7-1-14, Providing proper food and drink to confined animals, and Sec. 7-1-15, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 951.10, 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in Ch. 435, Peace and Good Order, § 435-1.
[Added 1-9-2012 by Ord. No. 24-11]
A.Â
Purpose and intent. The purpose of this section is to outline conditions
under which City residents in certain residential districts may safely
keep and maintain a limited number of small poultry (chickens and
ducks) to provide eggs for household use; to assure appropriate coops
or poultry structures in which to house small poultry; and to protect
the health, safety, and welfare of the general population of the City
of Prescott. The City recognizes that adverse neighborhood impacts
may result from the keeping of domesticated ducks or chickens as a
result of noise, odor, unsanitary animal living conditions, unsanitary
waste storage and removal, the attraction of predators, rodents, insects
or parasites, and nonconfined animals leaving the owner's property.
This section is intended to create licensing standards and requirements
that ensure that domesticated ducks and chickens do not adversely
impact the neighborhood surrounding the property on which the chickens
are kept.
B.Â
ABUTTING PROPERTY
CHICKEN
COOP
DUCKS
FRONT YARD
POULTRY STRUCTURE
RUN
SMALL POULTRY
Definitions. For the purposes of this section, the following terms
have the meaning indicated:
All lots that the applicant's property comes into contact
with at one or more points, except for lots that are legally abutting
to or are separated from the applicant's property by a public or private
street.
A female gallinaceous bird or hen of any age, including chicks.
This definition does not include other kinds of fowl, including quail,
pheasant, geese, turkeys, guinea fowl, peafowl, emus, or ostriches.
An enclosed structure which is roofed.
Domesticated fowl of the anatidae family.
That portion of a lot enclosed by the property's front lot
line and the side lot lines to the points where the side lot lines
intersect with an imaginary line established by the front of the single-family
structure and extending to the two side lot lines.
The shelter which houses small poultry.
A penned area connected to the coop. The run shall have an
earthen floor.
Chickens or ducks.
C.Â
License required.
(1)Â
No person shall own, harbor, keep, or maintain small poultry within
the corporate limits of the City without first obtaining a license.
(2)Â
Applications shall be made to the City Clerk prior to acquiring licensable
small poultry, on such forms as provided by the City. The license
year shall commence on January 1 and shall end on the following December
31, and the license shall be renewed annually.
D.Â
Fees.
(1)Â
The annual license fees shall be as cited in the City of Prescott
fee schedule.
(2)Â
A late fee as stated in the City of Prescott fee schedule shall be
assessed and collected from every small poultry owner if the owner
fails to renew his license annually.
(3)Â
Licenses shall not be transferable, and license fees shall not be
prorated or refundable.
E.Â
Property requirements and coop design.
(1)Â
Property requirements.
(a)Â
Small poultry shall be kept and maintained on a lot zoned R-1
and used as a single-family dwelling.
(b)Â
Small poultry shall not be kept or maintained upon a vacant
lot.
(c)Â
A poultry structure shall not be located in the front yard of
the license holder's residence.
(d)Â
A poultry structure shall be placed at least five feet from
an abutting property line.
(2)Â
Coop design.
(a)Â
All small poultry shall be kept and maintained within a ventilated
and roofed coop.
(b)Â
Coop areas shall provide a minimum of four square feet of habitable
area per small poultry.
(c)Â
Poultry runs shall provide a minimum area of 10 square feet
per bird.
(d)Â
Poultry structures shall be well maintained.
F.Â
Conditions for keeping and sanitation.
(1)Â
Conditions for keeping.
(a)Â
A person keeping or maintaining chickens on residential property
shall:
(b)Â
Except when under the personal control of the licensee/designee,
chickens or ducks shall be confined at all times within the poultry
structure. Small poultry shall be provided with access to feed and
clean water at all times.
(c)Â
Birds ill with an infectious disease capable of being transmitted
from bird to bird or from birds to humans, including but not limited
to salmonella and avian influenza, are prohibited and shall be immediately
euthanized at a veterinarian's office or removed from the City and
humanely euthanized outside the City.
(d)Â
A dog or cat which kills or injures a duck or chicken shall
not, for that reason alone, be considered a dangerous animal.
(2)Â
Sanitation.
(a)Â
Small poultry over six weeks of age shall be kept and maintained
at all times in outdoor areas and shall not be permitted inside a
residential premises or dwelling.
(b)Â
All feed shall be stored and kept in containers which make the
feed unavailable to rodents, vermin, wild birds and predators.
(c)Â
All poultry structures and backyards where small poultry are
kept or maintained shall be reasonably free from substances, including
but not limited to manure, such that they do 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.
G.Â
Inspection and enforcement.
(1)Â
The City shall have the power, whenever it may deem reasonably necessary,
to enter a building, structure, or property related to a license under
this section to ascertain whether the license holder is in compliance
with this section. The City may issue compliance orders and citations
pursuant to the provisions of this section, City Code, and state law.
(3)Â
A license issued hereunder may be revoked by the City Clerk upon
determination that the licensee has failed to comply with the provisions
of the section, this Code, or state law, or the chickens or premises
has been declared a public nuisance.
(4)Â
Appeals from orders for compliance or license revocation shall be
pursuant to the procedures for conducting appeals enumerated in Ch.
68, Wis. Stats.
H.Â
Other methods not excluded. The provisions of this section are not
exclusive and may be used in combination with each other or with any
other section of the Code or state statute applicable to this subject
matter.
I.Â
Violation and penalty. Any person who violates the provisions of
this section shall, upon conviction thereof, forfeit not more than
$25 per day of violation, if applicable, together with the costs of
prosecution.
A.Â
Neglected or abandoned animals.
(1)Â
No person may abandon any animal.
(2)Â
Any law enforcement or animal control officer may remove, shelter
and care for an animal found to be cruelly exposed to the weather,
starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person
to be sheltered, cared for and given medical attention, if necessary.
In all cases the owner, if known, shall be immediately notified and
such officer, or other person, having possession of the animal shall
have a lien thereon for its care, keeping and medical attention and
the expense of notice.
(3)Â
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.
(4)Â
Whenever in the opinion of any such officer an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
(5)Â
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, Wis. Stats., are hereby adopted by reference
and made a part of this chapter.
B.Â
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner
of such animal cannot be located, the City or any animal control agency
with whom the City has an agreement or contract shall have the authority
to take custody of such animal for the purpose of providing medical
treatment, and the owner thereof shall reimburse the person or organization
for the costs of such treatment.
No person except a law enforcement officer or humane officer
in the pursuit of his/her duties shall, within the City, shoot or
kill or commit an act of cruelty against any animal or bird or disturb
any bird's nest or bird's eggs.
A.Â
Purpose. The keeping of a large number of dogs and cats within the
City of Prescott 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/cats is, therefore,
declared a public nuisance.
B.Â
Number limited. No more than three dogs and three cats may be kept
in one household, except a litter of offspring from one female dog/cat
may be kept for not more than 16 weeks from birth or when a kennel
license has been issued.
A.Â
Person walking animal required to remove fecal matter. It shall be
unlawful for any person to cause or permit any animal, specifically
including, but not limited to, dogs, horses, and cats, to be on property,
public or private, not owned or possessed by such person unless such
person has in his immediate possession an appropriate device for scooping
excrement and an appropriate depository for the transmission of excrement
to a receptacle located upon property owned or possessed by such person.
Any person causing or permitting a dog or cat, horse, or cat to be
on property not owned or possessed by such person shall immediately
remove all excrement of such dog, horse, or cat to a receptacle located
upon property owned or possessed by such person. No person shall permit
their dog or cat or other animal to excrete feces upon public rights-of-way
or in any park in the City. This section shall not apply to a person
who is visually or physically handicapped.
B.Â
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of the dog or cat must also prevent accumulation
of animal waste on his own property by regularly patrolling and properly
disposing of the fecal matter.
A.Â
In the interest of public health and safety, it shall be unlawful
for any person, in or on City owned land within the City of Prescott,
to set, place or tend any trap for the purpose of trapping, killing,
catching, wounding, worrying or molesting any animal, except by use
of live box-type traps only. "Live box-type traps" shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.
B.Â
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,
pound or close upon a portion of the body of an animal.
C.Â
All such traps set, placed or tended shall comply with Chapter 29
of the Wisconsin Statutes as they relate to trapping.
D.Â
This section shall not apply to trapping on private property.
E.Â
Nothing in this section shall prohibit or hinder the City of Prescott
or its employees or agents from performing their official duties.
[Amended 6-27-2011 by Ord. No. 03-11]
A.Â
Keeping of animals prohibited. It shall be unlawful to keep, harbor,
own or in any way possess within the corporate limits of the City
of Prescott.
(1)Â
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal,
including, but not limited to, nonhuman primates, raccoons, skunks,
foxes and nondomestic cats.
(2)Â
Any animal having poisonous bite.
(3)Â
Any animal designated as dangerous. An animal may be designated as
dangerous if it:
(a)Â
Has directly or indirectly has inflicted significant injury
on a human being on public or private property;
(b)Â
Has significantly injured or killed a domestic animal while
off the owner's property;
(c)Â
Has been or is being used for the purpose of animal fighting,
or is an animal trained for fighting; or
(d)Â
Has without provocation chased or approached a person upon the
streets, sidewalks, or other public grounds in a menacing fashion
or apparent attitude of attack.
(e)Â
An animal shall not be declared dangerous if the threat, injury
or damage was sustained by a person who, at the time, was unlawfully
on the property, or, while lawfully on the property, was tormenting,
abusing or assaulting the dog or its owner or a family member. No
animal may be declared dangerous if the animal was protecting or defending
a human being.
(4)Â
Any animal that is the subject of a dangerous animal investigation,
that is not impounded by a police officer and/or animal control officer
at the designation of the Chief of Police, shall be humanely and safely
confined by the owner in a securely fenced or enclosed area pending
the outcome of the investigation related to the dangerous animal classification.
The address of where the animal resides shall be provided to a police
officer and/or an animal control officer and a police officer and/or
animal control officer shall be allowed reasonable inspection privileges.
No animal that is the subject of a dangerous animal investigation
may be relocated or ownership transferred pending the outcome of an
investigation related to the determination of a dangerous animal classification.
In the event that an animal is to be destroyed, the animal shall not
be relocated or ownership transferred before the animal is destroyed.
(5)Â
If a police officer and/or animal control officer at the designation
of the Chief of Police determines that there is sufficient cause to
classify the animal as dangerous, the officer shall provide written
notification of this initial determination by registered or certified
mail or cause to have it hand delivered to the owner of the animal
within five calendar days of the initial determination.
B.Â
Appeals procedure. The owner may file a written request for a hearing
to appeal the classification within seven calendar days after receipt
of the sufficient cause findings. The written request for a hearing
shall be delivered to the Chief of Police. The hearing shall be conducted
by the Health Committee within seven calendar days of the receipt
of the appeal request and the owner shall be notified of the date,
time and location of the hearing. The owner or his designee and/or
a police officer and/or animal control officer may present such oral
testimony, written or electronic statement and other evidence as may
be deemed proper and relevant by the hearing examiners. The hearing
examiners shall make their determination whether the animal is a dangerous
animal, in writing, to the owner within a reasonable period following
the conclusion of the hearing.
(1)Â
During the appeals process it shall be unlawful for the owner of
a dangerous animal to permit the animal to be outside a proper enclosure
unless the dog is muzzled and restrained by a chain or leash, and
under the immediate and direct control of a competent person. The
muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration, but will prevent
it from biting any person or other animal. If transported, such animal
shall be safely and securely restrained within a vehicle or other
conveyance. The owner may exercise the animal in a securely fenced
or enclosed area that does not have a top, without a muzzle or leash,
if the dog remains in his/her sight and only members of the owner's
immediate household or person 18 years of age or older are allowed
in the enclosure when the animal is present. Any person who violates
any provisions of this section is guilty of a fine not exceeding $500.
(2)Â
If an animal that has previously been declared dangerous attacks
or bites a person or a domestic animal without provocation, the animal
shall be subject to confiscation by a police officer or an animal
control officer at the designation of the Chief of Police, placed
in quarantine, for the proper length of time, or impounded and held
for 10 business days after the owner is given written notice, and
thereafter destroyed in an expeditious and humane manner. The owner
may appeal this action during the ten-day period. In addition, the
owner of the dog shall be fined $500. Upon confiscation of the dog,
animal control shall provide proof of the owner of the dog as shown
by the tag worn on the dog, tattoo or electronic implantation, or
as discovered by a police officer or animal control officer at the
designation of the Chief of Police, a written civil violation notice
listing the fine, fees, confiscation, quarantine, impoundment and
intent of a police officer and/or animal control officer to destroy
the animal within the time prescribed. The owner shall be responsible
for payment of all boarding costs and other fees as may be required
to humanely and safely keep the animal during any appeal procedures.[1]
A.Â
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 City of Prescott unless
the bees are kept in accordance with the following provisions:
(1)Â
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
(2)Â
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 of artificial.
(3)Â
Fresh, clean watering facilities for bees shall be provided on the
said premises.
(4)Â
The bees and equipment shall be kept in accordance with the provisions
of state law.
B.Â
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.
A.Â
VIETNAMESE POTBELLIED PIG
Definitions. As used in this section, the following words and phrases
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
A purebred Vietnamese potbellied pig registered through a
North American Vietnamese Potbellied Pig Registry, which does not
exceed 100 pounds in weight.
B.Â
License required; fee. It is unlawful for any person, party, firm
or corporation to keep or maintain within the City of Prescott limits
a Vietnamese potbellied pig without first having obtained a license
from the City Clerk and being in compliance with all provisions of
this section. The fee for a license issued hereunder or renewal thereof
shall be as prescribed in the City's fee schedule per calendar year
or fraction thereof. Excepted from the license requirement is any
law enforcement agency or agency under contract with the City to care
for stray or unwanted animals.
C.Â
License application.
(1)Â
Any applicant for a license or renewal thereof under this section
shall file with the City Clerk a fully executed application on a form
prescribed by the City Clerk, accompanied by the annual license fee.
(2)Â
No licenses or renewal thereof shall issue hereunder until:
(a)Â
A certificate of purebred registration is filed with the Clerk.
(b)Â
There has been an inspection by a City law enforcement officer
or the Building Inspector of the premises being licensed and a determination
by said inspector that all requirements of this section, and other
applicable general and zoning ordinances, have been met.[1]
(c)Â
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(3)Â
Any license or renewal thereof issued hereunder shall be for a calendar
year or portion thereof. Licenses must be renewed each calendar year
on or before the 31st day of January. Licenses shall not be assignable
or transferable either to another person, party, firm or corporation
or for another location.
(4)Â
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any City personnel requesting to examine
it and having authority to enforce this section.
(5)Â
Only one Vietnamese potbellied pig may be at any premises.
D.Â
License requirements. Licensee shall comply with the following as
a condition of obtaining and maintaining a license:
(1)Â
Animal feces to be collected on a daily basis and stored in a sanitary
receptacle. Animals shall not be brought, or permitted to be, on property,
public or private, not owned or possessed by the owner or person in
charge of the animal, unless such person has in his/her immediate
possession an appropriate device for scooping excrement and an appropriate
depository for the transmission of excrement to a receptacle located
upon property owned or possessed by such person.
(2)Â
When sunlight is likely to cause overheating to discomfort, sufficient
shade shall be provided to allow an animal kept outdoors to protect
itself from the direct rays of the sun.
(3)Â
An animal kept outdoors shall be provided with access to shelter
to allow it to remain dry during rain or snow. Animals may be kept
outdoors only if contained in a fenced enclosure sufficient for purposes
of restraint.
(4)Â
When the atmospheric temperature is less than 50° F., an animal
shall be kept indoors at a temperature no less than 50° F., except
for temporary ventures which do not endanger the animals health.
(5)Â
An effective program for the control of insects, ectoparasites, avian
and mammalian pests shall be established and maintained where a problem.
(6)Â
Animals shall be fed and watered at least once a day, except as otherwise
might be required to provide adequate veterinary care. The food shall
be free from contamination, wholesome, palatable and of sufficient
quality and nutritive value to meet the normal daily requirements
for the condition and size of the animal. Food receptacles shall be
accessible to the animal and shall be located so as to minimize contamination
by excreta. Feeding pans shall be durable and kept clean. The food
receptacles shall be cleaned daily. Disposable food receptacles may
be used, but must be discarded after each feeding. Self feeders may
be used for the feeding of dry food and they shall be sanitized as
needed, but at least once per week, to prevent molding, deterioration
or caking of feed.
(7)Â
Animals may not be permitted to exceed 100 pounds in weight.
(8)Â
Animals shall be examined by a veterinarian within a period of 60
days prior to a new license application being filed. The animal may
be licensed only upon a written statement from a veterinarian as to:
(a)Â
The animal's weight.
(b)Â
The animal has received all recommended vaccinations and boosters.
(c)Â
The animal is asymptomatic respecting disease or has a disease,
which is not contagious and is receiving appropriate treatment.
(d)Â
The animal's tusks, if any, have been removed or trimmed so
as not to endanger any person or animal.
(e)Â
The animal has passed a pseudorabies test administered in accordance
with application state regulations.
(9)Â
The animal shall not be permitted to run at large. "Run at large"
shall mean the presence of an animal which is not on a leash of six
feet or less on any public property or thoroughfare or on any private
property. An animal may be unleashed on private property, with the
permission of the property owner, in a fenced enclosure sufficient
for purposes of restraint. Animals, which are not leashed in a motor
vehicle shall not be deemed to "run at large" if secured in a manner
as will prevent their escape therefrom.
(10)Â
Animals shall not be kept in a manner as to disturb the peace
of the neighborhood or of persons passing to and from upon the streets.
E.Â
Suspension, revocation or denial of renewal of license. The Chief
of Police shall have the right to suspend or revoke any license once
granted or deny annual renewal thereof when it appears that any licensee
has violated any of the provisions of this section, or any ordinance
of the City, or law, rule or regulation of the State of Wisconsin,
involving cruelty or mistreatment of the animal, or the unlawful possession
of the animal. Prior to the suspension or revocation of any license
or the denial of an application for a renewal thereof, written notice
of the reason for such action shall be given to the applicant or licensee
by the officer. Such notice shall state that the applicant may pursue
an appeal to the Common Council by filing a request within 10 days
of such notice.
A.Â
FANCY PIGEON
LOFT
MATURE PIGEON
OWNER
PIGEON
RACING PIGEON
SPORTING PIGEON
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates a different
meaning is intended:
A pigeon which, through past breeding, has developed certain
distinctive physical and performing characteristics as to be clearly
identified and accepted as such by the National Pigeon Association,
the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples:
fantails, pouters, trumpeters.
The structure for the keeping or housing of pigeons.
A pigeon aged six months or older.
The owner of a pigeon or pigeons.
A member of the family Columbidae, and shall include "racing
pigeons," "fancy pigeons" and "sporting pigeons" as defined in this
section.
A pigeon which, through selective past breeding, has developed
the distinctive physical and mental characteristics as to enable it
to return to its home after having been released a considerable distance
therefrom, and which is accepted as such by the American Racing Pigeon
Union, Inc., or the International Federation of Racing Pigeon Fanciers.
Also commonly known as "racing homer," "hon-ling pigeon," or "carrier
pigeon."
A pigeon which, through selective past breeding, has developed
the ability to fly in a distinctive manner, such as aerial acrobatics
or endurance flying. Examples: rollers, tippers.
B.Â
Conditions for keeping of pigeons. The keeping, breeding, maintenance
and flying of pigeons shall be permitted, on the following conditions:
(1)Â
The loft shall be of such sufficient size and design, and constructed
of such material, that it can be maintained in a clean and sanitary
condition.
(2)Â
There shall be at least one square foot of floor space in any loft
for each mature pigeon kept therein.
(4)Â
All feed for said pigeons shall be stored in such containers as to
protect against intrusion by rodents and other vermin.
(5)Â
The loft shall be maintained in a sanitary condition and in compliance
with all applicable health regulations of the City.
(6)Â
All pigeons shall be confined to the loft, except for limited periods
necessary for exercise, training and competition; and at no time shall
pigeons be allowed to perch or linger on the buildings of property
of others.
(7)Â
All pigeons shall be fed within the confines of the loft.
(8)Â
No one shall release pigeons to fly for exercise training or competition
except in compliance with the following rules:
(a)Â
The owner of the pigeons must be a member in good standing of
an organized pigeon club, such as the American Racing Pigeon Union,
Inc., the International Federation of racing Pigeon Fanciers, the
National Pigeon Association, the American Tippler Society, the International
Roller Association, the Rare Breeds Pigeon Club, or a local club which
has rules that will help preserve the peace and tranquility of the
neighborhood.
(b)Â
Pigeons will not be released for flying which have been fed
within the previous four hours.
(9)Â
No owner may have more than 20 pigeons in a residentially zoned area.
C.Â
Right of entry for inspection. City law enforcement officers may
enter and inspect any property or loft at any reasonable time for
the purpose of investigating either an actual or suspected violation
or to ascertain compliance or noncompliance with this section.
[Added 1-23-2023 by Ord.
No. 02-23]
A.Â
Purpose. The purpose of this section is to establish
conditions under which the temporary and periodic use of a limited
number of goats for invasive species and other weed control is permitted
in all districts; and to establish requirements for doing so to protect
the health, safety, and welfare of the general population of the City
of Prescott.
B.Â
Requirements for temporarily keeping goats for invasive
species or other weed control.
(1)Â
Temporary use of goats shall not exceed 30 days
twice a year.
(2)Â
The goats must be contained by an adequate containment
fence at all times. If an electric fence is used, it must display
a warning that the fence is electric.
(3)Â
The property must be maintained in a clean, sanitary
condition so as to be free from offensive odors, fly breeding, dust,
and general nuisance conditions.
(4)Â
Goats shall not be allowed on a vacant lot.
(5)Â
The City shall have no liability for any damage
that may be caused by goats kept on a property pursuant to this section.
Property owners and permittees under this section shall be jointly
and severally liable for any damage that may be caused by the goats
kept pursuant to a permit issued under this section.
C.Â
Permit required.
(1)Â
No person shall own, harbor, keep or maintain
goats temporarily or otherwise on his or her property within the City
without first obtaining a permit approved by the Prescott Police Department.
(2)Â
The permits shall allow the permit holder to
temporarily have goats on his or her property for up to 30 days for
the purpose of invasive species or other weed control on his or her
property.
(3)Â
A person may be issued two such permits per property
in a calendar year.
(4)Â
Applications shall be made to the City Clerk's
office.
(5)Â
Applicants shall provide the following information
on the permit application:
(a)Â
Name, address, and contact information of the
permit applicant.
(b)Â
Address and description of the property where
the goats will be temporarily kept.
(c)Â
The type of invasive species or weed control
problem on the property.
(d)Â
Name, address, and contact information of the
person or entity providing the goats.
(e)Â
Site plan showing where on the property the goats
will be temporarily kept, including a plan and description of the
fencing that will be used to keep the goats on the property.
(f)Â
The number of goats allowed per permit shall
be determined based on the size of the area where goats will be kept
and the overall severity of the issue trying to be addressed.
(6)Â
No permit shall be issued until the City reviews
the application and inspects the property and determines that the
applicant has complied with the requirements of this section.
(7)Â
The applicant shall be the property owner or
tenant with written consent of the property owner.
(8)Â
Written permission from a homeowners' association,
if applicable, or a statement by the applicant that keeping goats
on the property is consistent with any homeowners' association
bylaws or rules.
(9)Â
The permit shall not be transferable.
(10)Â
No permit shall be issued if the applicant is
delinquent in paying of any taxes, assessments, forfeitures, or fines
for violations of City ordinances, utility bills, or other claims
owed to the City.
(11)Â
The City of Prescott shall be exempt from the permit requirements of Prescott Code § 235-22.1 for the temporary keeping of goats on City park and other City-owned property for the purpose of control of invasive species and other weed control purposes on property owned by the City of Prescott.
E.Â
Inspection and enforcement.
(1)Â
The Prescott Police Department or their designees
shall have the power, whenever they may deem reasonably necessary,
and consistent with the requirements of statutory and constitutional
law, to enter a building, structure, or property related to a permit
under this section to ascertain whether the license holder is in compliance
with this chapter. The above-listed departments may issue compliance
orders and citations pursuant to the provisions of this chapter, this
code and state law.
(2)Â
Violations of this chapter may constitute a public nuisance under Chapter 410 of this Code, or under Ch. 823, Wis. Stats.
(3)Â
The City may revoke a permit at any time if the
permittee does not follow the terms of the permit or this section,
or if the City finds that the permit holder had not maintained the
goats, fences, or outdoor enclosures in a clean and sanitary condition.
F.Â
Other methods not excluded. The requirements and remedies
provided under this section are not exclusive and may be used in combination
with each other or with any other section of this Code or applicable
state statute.
G.Â
Severability. If any provision in this section, or
portion thereof, is found to be unconstitutional or otherwise invalid,
the validity of the remaining sections shall not be affected.
H.Â
Violations and penalties. Any person who violates the
provisions of this section shall, upon conviction thereof, forfeit
not less than $50 nor more than $500 per day of violation, if applicable,
together with the costs of prosecution. Each day a violation exists
is a separate violation.
[Amended 5-29-2012 by Ord. No. 08-12]
Except where another penalty is prescribed, anyone who violates this chapter or Ch. 174, Wis. Stats., shall be subject to a penalty as provided in § 1-4 of this Code. An owner who fails to have a dog or cat vaccinated against rabies as required in § 235-2 shall be subject to a forfeiture of not less than $50 nor more than $100. An owner who refuses to comply with an order issued under § 235-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000. The City Attorney may apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.