[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 7, Ch. 1, of the 2001 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
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 definition.
An animal kept and treated as a pet.
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein.[2]
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
A.
Rabies vaccination. The owner of a dog shall have the dog 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 brings the dog into the City of New Lisbon
after the dog has reached five months of age, the owner shall have
the dog vaccinated against rabies within 30 days after the dog is
brought into the City unless the dog has been vaccinated as evidenced
by a current certificate of rabies vaccination. The owner of a dog
shall have the dog revaccinated against rabies by a veterinarian before
the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the City stating the owner's name and address,
the name, sex, spayed or unspayed, neutered or unneutered, breed and
color of the dog, the date of the vaccination, the type of rabies
vaccination administered and the manufacturer's serial number, the
date that the immunization expires as specified for that type of vaccine
by the Centers for Disease Control and Prevention of the U.S. Department
of Health and Human Services and the City of New Lisbon.
C.
Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the City of New Lisbon to
own, harbor or keep any dog more than five months of age without complying
with the provisions of §§ 174.05 through 174.10, Wis.
Stats., relating to the listing, licensing and tagging of the same.
(2)
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license tax and obtain a license.
(3)
Dog owners shall pay the Juneau County Clerk annually the license
tax established by the Common Council.
[Amended 10-21-2013 by Ord. No. 2013-1; 11-15-2021 by Ord. No. 1018-21-02]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 211-2 of this chapter, the Juneau County Clerk shall complete and issue to the owner a license for such dog containing all information required by state law. The Juneau County 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.
[Amended 11-15-2021 by Ord. No. 1018-21-02]
(5)
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 211-2E.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Juneau County Clerk upon application therefor.
[Amended 11-15-2021 by Ord. No. 1018-21-02]
B.
Kennel licenses.
(1)
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 established by the Common Council. Upon payment of the required kennel license tax and, if required by the Common Council, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Juneau County 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 residential areas following a public hearing and approval by the Common Council; the Common Council may attach conditions to such approval as a conditional use under Chapter 520, Zoning, of this Code.
[Amended 10-21-2013 by Ord. No. 2013-1; 11-15-2021 by Ord. No. 1018-21-02]
(2)
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 license
tag shall be permitted to stray or to be taken anywhere outside the
limits of the kennel unless the dog is in leash or temporarily for
the purposes of hunting, breeding, trial, training or competition.
(3)
The term "kennel" means any establishment wherein or whereon three
or more dogs are kept.
(4)
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.
Designated officials shall investigate any complaints regarding the
failure to maintain proper standards or investigate any kennel premises
upon their own initiative. Expressly incorporated by reference in
this section as minimum standards for kennel keepers or operators
are the relevant provisions of Ch. 951, Wis. Stats.
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
City officials without any warrant, and the application for a license
hereunder shall be deemed a consent to this provision. Any refusal
to permit such inspection shall automatically operate as a revocation
of any license issued hereunder and shall be deemed a violation of
this section. Should any kennel be found to constitute a public nuisance,
the license shall be revoked and the nuisance abated pursuant to City
ordinances.[1]
[Amended 10-21-2013 by Ord. No. 2013-1; 11-15-2021 by Ord. No. 1018-21-02]
The Juneau County Clerk shall assess and collect a late fee
as provided in § 174.05(5), Wis. Stats., from every owner
of a dog five months of age or over if the owner failed to obtain
a license prior to April 1 of each year, or within 30 days of acquiring
ownership of a licensable dog, or if the owner failed to obtain a
license on or before the dog reached licensable age. Said late fee
shall be charged in addition to the required license fee.
If the City of New Lisbon or any part thereof is quarantined
for rabies, all dogs and cats within the City or the quarantined portion
of the City shall be confined in accordance with the provisions of
§ 95.21(3) to (8), Wis. Stats., which are hereby adopted
and incorporated by reference in this section.
A.
Nuisance or dangerous animals. It shall be unlawful for any person
within the City of New Lisbon to own, harbor or keep any dog, cat
or other domestic animal or fowl which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the City.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the City.
(4)
Repeatedly breaks from leash or enclosure and trespasses or defecates
upon property other than that on which the animal is kept.
(5)
Habitually barks, howls or makes other noise audible beyond the property
upon which the animal is kept during any hour of the day or night.
(6)
Kills, wounds or worries any domestic animal.
(7)
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.
(8)
In the case of a dog, is unlicensed.
(9)
Is tied or confined in a manner as to prevent utility personnel from
reading meters.
(10)
Otherwise disturbs the peace and quiet of the City of New Lisbon.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
inflicts serious injury to one person in unprovoked circumstances
off the owner's premises.
(2)
No person shall harbor or permit to remain on his/her premises any
animal that is habitually inclined toward attacking persons or animals,
destroying property, barking excessively or making excessive noises
or running after automobiles.
C.
Animals running at large.
(1)
No person having in his/her possession or ownership any dog, cat
or other domestic 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/her animal tied or enclosed in a proper enclosure so
as not to allow said animal to interfere with the passing public or
neighbors. Any animal running at large unlicensed and required by
state law or City ordinance to be licensed shall be seized and impounded
by a humane or law enforcement officer or animal warden.
(2)
An animal shall be deemed to be running at large when it is on any
of the public streets, alleys, parks or other public grounds of said
City, or any other premises in said City other than the premises of
its owner, unless physically restrained by a leash, chain, or enclosure
or otherwise under the control of its owner, a servant, agent or a
member of his/her family of suitable age and discretion to provide
effective physical restraint of the dog, cat or other domestic animal.
D.
Barking dogs or crying cats. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as materially to disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this subsection when complaints are filed with the Police Department pursuant to Subsection E below.
E.
F.
Owner's liability for damage caused by dogs; penalties. The provisions
of § 174.02, Wis. Stats., relating to the owner's liability
for damage caused by dogs, together with the penalties therein set
forth are hereby adopted and incorporated herein by reference.
G.
Trapping and impounding of animals by Police Department. Upon complaint
of any real property owner or tenant thereupon that a dog, cat or
other domesticated animal is running at large in violation of this
section, the Police Department is authorized to live trap said animal
and impound it if, in the opinion of the officer responding to the
complaint, such action is warranted. Any dog, licensed or unlicensed,
cat or other domestic animal in violation of this section shall be
impounded at the place provided by the City as the City impoundment
facility.
A.
Animal control agency.
(1)
The City of New Lisbon may contract with or enter into an agreement
with such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impounded animals and
for assisting in the administration of rabies vaccination programs.
(2)
The City of New Lisbon does hereby delegate to any such animal control
agency the authority to act pursuant to the provisions of this section.
B.
Impounding of animals. In addition to any forfeiture penalty hereinafter
provided for a violation of this chapter, a law enforcement or animal
control officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this 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 or otherwise violates any provision of
this chapter.
C.
Claiming animal; disposal of unclaimed animals.
(1)
Seizure. A law enforcement officer or any animal control officer
appointed by the Common Council may attempt to capture and restrain
dogs or other animals running at large or in other violation of this
chapter and shall confine and capture or restrain animals in a suitable
dog pound or other enclosure. After seizure of animals under this
section by a law enforcement or animal control officer, the animal
shall be impounded.
(2)
Retention and disposition of unclaimed animals. All dogs or other
animals apprehended shall be kept for no more than seven days at the
dog pound or other enclosure, and if such animal is not claimed by
the rightful owner, representative or keeper within such time, said
animal shall be transmitted to the humane society or other designated
animal control facility to be handled in accordance with Wisconsin
Statutes and the policies of that facility.
(3)
Notification. A person who captures or restrains a dog or other animal
shall notify or deliver the dog or other animal to the pound or humane
society or to any officer within 12 hours of capture or restraint.
Any police officer or City official to whom a dog or other animal
is delivered shall attempt to notify the owner as soon as possible
if the owner is known or can be ascertained with reasonable effort.
(4)
Claiming animals. The owner or representative or keeper of any dog
or other animal so confined may reclaim such animal from the Police
Department at any time before transmittal to the pound if the owner,
representative or keeper:
(a)
Gives his or her name and address.
(b)
Presents evidence that the dog is licensed and presents evidence
that the dog is vaccinated against rabies or a receipt from a licensed
veterinarian for repayment of a rabies inoculation.
(c)
Pays the cost of apprehending, boarding fees, necessary medical
treatment and impounding fees, if any.
(5)
Impounding costs. Before any owner can claim and resume possession
of any animal impounded under this section, he/she shall pay the required
impoundment costs for each day or any fraction thereof during which
the animal has been impounded or such sum as the Common Council may
from time to time establish (or such fees established by the animal
control facility, if used). In addition, before an unlicensed dog
is released, a license shall be obtained for each unlicensed dog.
In the event that an impounded animal is injured or diseased, or if
it is unclaimed after seven days of impoundment, it shall be disposed
of in a proper and humane manner.[1]
D.
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.
A.
If any animal, for which the owner holds a current rabies certificate,
is involved in a bite or a scratch incident, the owner shall isolate
and confine the animal under the supervision of a licensed veterinarian
for at least 10 days from the date of the incident. Supervision of
a veterinarian includes, at a minimum, examination of the animal on
the first day, on the 10th day, and on one intervening day. If the
animal is confined at the residence of the owner, it must not be allowed
to come in contact with other animals or people. It cannot be left
unattended outside.
B.
The animal can be taken outside of the residence only to relieve
itself, under restraint and under the supervision of an adult.
C.
Any animal involved in a bite or scratch incident that has not been
vaccinated, or has not been revaccinated within the prescribed times,
must be confined at a veterinary hospital under the supervision of
a veterinarian for 10 days.
D.
Under no circumstances can the owner sell, give away, or destroy
the animal until it has been released by a licensed veterinarian after
the ten-day confinement (quarantine) period.
A.
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 New Lisbon:
(1)
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal,
including but not limited to nonhuman primates, raccoons, skunks,
foxes and wild and exotic cats.
(2)
Any animal having poisonous bites.
(3)
Any pit bull dog, provided that pit bull dogs registered with the City on the day this section becomes effective may be kept within the City subject to the standards and requirements set forth in Subsection B of this section. "Pit bull dog" as that term is used in this section is defined to mean:
(a)
The Staffordshire bull terrier breed of dog.
(b)
The American pit bull terrier breed of dog.
(c)
The American Staffordshire terrier breed of dog.
(d)
Any dog which has the appearance and characteristics of being
predominantly of the breeds of Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, or a combination
of any of these breeds.
B.
Keeping of registered pit bulls. The provisions of Subsection A are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of New Lisbon. Keeping, owning or harboring of such dogs is however subject to the following conditions:
(1)
Leash and muzzle. No person shall permit a registered pit bull dog
to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit
a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of
the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc. In addition, all pit bull dogs on
a leash outside the animal's kennel or pen must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
(2)
Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection B(1). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(3)
Confinement indoors. No pit bull dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit such building on its own volition.
(4)
Signs. All owners, keepers or harborers of registered pit bull dogs
within the City shall, within 10 days of the effective date of this
section, display in a prominent place on their premises a sign easily
readable by the public using the words "Beware of Dog." In addition,
a similar sign is required to be posted on the kennel or pen of such
animal.
(5)
Insurance. All owners, keepers or harborers of registered pit bull
dogs must, within 30 days of the effective date of this section, provide
proof to the Police Department of public liability insurance in a
single incident amount of $50,000 for bodily injury to or death of
any person or persons or for damage to property owned by any persons
which may result from the ownership, keeping or maintenance of such
animal. Such insurance policy shall provide that no cancellation of
the policy will be made unless 10 days' written notice is first given
to the Police Department.
(6)
Registration. All owners, keepers or harborers of pit bull dogs shall,
within 30 days after the effective date of this section, register
said dog with the City by filing with the Police Department two color
photographs of the dog clearly showing the color and approximate size
of the dog.
(7)
Reporting requirements. All owners, keepers or harborers of registered
pit bull dogs must, within 10 days of the incident, report the following
information in writing to the Police Department:
(a)
The removal from the City or death of a registered pit bull.
(b)
The birth of offspring of a registered pit bull dog.
(c)
The new address of a registered pit bull dog should the dog
be moved within the City of New Lisbon.
(d)
If the registered pit bull dog is sold, the name and address
of the new owner.
(8)
Animals born of registered dogs. All offspring born of pit bull dogs
registered within the City must be removed from the City within six
weeks after the birth of said animal.
(9)
Failure to comply. It shall be unlawful for the owner, keeper or
harborer of a pit bull dog registered with the City to fail to comply
with the requirements and conditions set forth in this section.
A.
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, or other animal shall not permit solid fecal matter of
such animal to deposit on any street, alley or other public or private
property, unless such matter is immediately removed therefrom by said
owner or person in charge. This section shall not apply to a person
who is visually or physically handicapped.
B.
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/her own property by regularly patrolling and
properly disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
No dog or cat is permitted in any public playground, public
park, beach or swimming area within the City unless such dog or cat
is entered in a contest or obedience class approved by the Common
Council or is on a leash or under control. Dogs and cats are prohibited
from being in cemeteries. Every dog specially trained to be a service
dog shall be exempt from this section.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the City any of the
following animals, alive or dead, or any part or product thereof:
all wild cats of the family Felidae, polar bear (Ursus maritimus),
red wolf (Canis lupus rufus), vicuna (Vicugna vicugna), gray or timber
wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle
(Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), or
Mexican ridley turtle (Lepidochelys kempii).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this 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.
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 a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, any party so authorized by the Common Council, or any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his/her possession or under his/her
control within the City any poisonous reptile or any other dangerous
or carnivorous wild animal, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his/her possession or under
his/her control within the City any of the following animals, reptiles
or insects:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla),
orangutans (Pongo) and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia) 30 inches in length or more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family; for
example, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(22)
Rhinoceroses (Rhinocerotidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Uncia uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment, agricultural fairs, shows or projects of the 4-H Clubs, a display for judging purposes, an itinerant or transient carnival, circus or other show, dog or cat shows or trials, public or private educational institutions, licensed pet shops, or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
E.
Farm animals; miniature pigs. Except on properties zoned in an agricultural
classification, no person shall own, keep, harbor or board any cattle,
horses, ponies, swine, goats, sheep, fowl or rabbits (more than two).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The following original sections, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 7-1-14, Sale of rabbits, chicks or artificially colored animals, Sec. 7-1-15, Providing proper food and drink to confined animals, and Sec. 7-1-16, Providing proper shelter. See § § 951.10, 951.11, 951.13 and 951.14, Wis. Stats., adopted by reference in Ch. 387, Peace and Good Order, § 387-1.
F.
Keeping
of chickens.
[Added 5-17-2021 by Ord. No. 0420-21-01]
(1)
A maximum of six chickens may be kept or owned on property zoned
single- or two-family residential.
(2)
The owner of the chickens shall submit an original permit application
and an annual license there after prior to January 1 of each year.
Each permit issued expires December 31. The owner must additionally
pay the annual fee as established by the Council. At a minimum, the
application must include the following:
(a)
Site plan. The applicant shall provide a site plan showing the
location and dimensions of the proposed chicken coop and pen, and
the distance of the coop and pen from all lot lines and principal
structures located on adjacent lots.
(b)
Permit from Wisconsin DATCP Livestock Premises Registration
Program.
(c)
Chicken coop and chicken pen/run plan. The applicant shall provide
a plan showing the following:
[1]
Soundness of construction. Be structurally sound, moisture-proof,
kept in good repair, and constructed of material described in the
application and approved by the City and be at least two square feet
per chicken in size.
[2]
Security. The structure shall have a roof and sides, be enclosed
on all sides, and be of a design that is secure from predators. The
pen/run shall be covered with screening, or similar material, to prevent
escape of chickens and/or entry of predators.
[3]
Ventilation. The structure shall have adequate windows and vents
to provide proper light and ventilation to maintain a healthy environment
for the chickens.
[4]
Sanitation. The coop, pen and surrounding areas shall be clean
and well maintained at all times. Manure and other waste shall be
removed on a regular basis. While on-site, manure and waste shall
be kept in a fully enclosed container with a secure lid. Odors from
chickens, chicken manure, or other substances related to the keeping
of chickens shall not be perceptible at the property boundaries.
(3)
A fenced chicken pen/run must provide a minimum of six square feet
of ground space per chicken, and may be located no closer than 10
feet to a property line and 25 feet to a residence occupied by anyone
other than the chicken owner.
(4)
Chickens shall not be permitted to run at large, or to cause any
public nuisance.
(5)
No person shall keep any rooster.
(6)
Enforcement.
(a)
Upon any written complaint to the Police Department or City
official, warnings may be issued to the owner of the chickens.
(b)
Upon any two written complaints in one year by one or more persons, a citation may be issued to the owner of the chickens, subject to forfeiture as provided in § 211-19.
(c)
The City of New Lisbon may revoke a license if there are three
or more violations or complaints within any consecutive twelve-month
period of this or any other section of City ordinances.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
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)
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.
(4)
Whenever, in the opinion of any such officer, an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he/she shall prove that such killing was unwarranted.
(5)
Sections 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, are hereby adopted by reference and made
a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event that the
owner of such animal cannot be located, the City or any animal control
agency with which 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 or animal control officer
in the pursuit of his/her duties shall, within the City, shoot or
kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
A.
Purpose. The keeping of a large number of dogs and cats within the
City of New Lisbon 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 and cats
is, therefore, declared a public nuisance.
B.
Number limited.
(1)
No person or family shall own, harbor or keep in its possession more
than three dogs and three cats in any residential unit without the
prior issuance of a kennel license by the Common Council, except that
a litter of pups or kittens or a portion of a litter may be kept for
not more than 10 weeks from birth. Owners having more than three dogs
and three cats at the time of adoption of this chapter may continue
to keep such animals; however, animals exceeding the prescribed limits
shall not be replaced. City-authorized kennels are also exempt from
this section.
A.
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 New Lisbon,
to set, place or tend any trap for the purpose of trapping, killing,
catching, wounding, worrying or molesting any animal, except by use
of live box-type traps only. "Live box-type traps" shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.
B.
This section shall prohibit the use of all traps other than live
traps as described above, including but not limited to traps commonly
known as "leg traps," pan-type traps or other traps designed to kill,
wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with Ch. 29, Wis.
Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the City of New
Lisbon or its employees or agents from performing their official or
authorized duties.
A.
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 unless the bees
are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
(2)
If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be provided on said
premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of state law.
B.
Nothing in this section shall be deemed or construed to prohibit
the keeping of bees in a hive, stand or box located within a school
or university building for the purpose of study or observation.[1]
[1]
Editor's Note: Original Sec. 7-1-22, Vietnamese potbellied pigs, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 211-13C(28).
A.
Any person violating § 211-14, 211-15, 211-16, 211-17 or 211-18 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the City Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Anyone who violates § 211-1, 211-2, 211-3, 211-4 or 211-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who refuses to comply with an order issued under § 211-5 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 subject to a forfeiture of not less than $100 nor more than $1,000, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
D.
Each day that a violation of this chapter continues shall be deemed
a separate violation. Any dog found to be the subject of a violation
of this chapter shall be subject to immediate seizure, impoundment
and removal from the City by City officials in the event that the
owner or keeper of the dog fails to remove the dog from the City.
In addition to the foregoing penalties, any person who violates this
chapter shall pay all expenses, including shelter, food, handling
and veterinary care, necessitated by the enforcement of this chapter.
