[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 7, Ch. 1, of the 2005 Village Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 715.
A.Â
ANIMAL
AT LARGE
CAT
CRUEL
DOG
FARM ANIMAL
LAW ENFORCEMENT OFFICER
NEUTERED
OWNER
PET
RESIDENTIAL LOT
RESTRAIN
UNTAGGED
Definitions. In this chapter, unless the context or subject matter
otherwise requires, the following definitions shall be applicable:
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, cat or other
animal and the occupant of any premises on which a dog, cat or other
animal 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.
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.Â
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
six months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of Argyle after the dog has reached six months of age, the
owner shall have the dog vaccinated against rabies within 30 days
after the dog is brought into the Village unless the dog has been
vaccinated as evidenced by a current certificate of rabies vaccination.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date of that immunization expires, as
stated on the certificate of vaccination, or, if no date is specified,
within two years after the previous vaccination. The certificate of
vaccination shall meet the requirements of § 95.21(2), Wis.
Stats.
[Amended 7-11-2012]
B.Â
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Village, stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, the date of the vaccination, the type
of rabies vaccination administered and the manufacturer's serial
number, the date that the immunization expires as specified for that
type of vaccine by the Centers for Disease Control and Prevention
(CDC) of the United States Department of Health and Human Services
and the Village.
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 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 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 paragraph do not apply to a dog which is not required to be vaccinated under Subsection A.
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.
[Amended 7-11-2012; 12-10-2012]
A.Â
Dog licenses.
(1)Â
It shall be unlawful for any person in the Village of Argyle to own,
harbor or keep any dog more than six 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)Â
The owner of any dog more than six months of age on January 1 of
any year, or six months of age within the license year, shall annually
or on or before the date the dog becomes six months of age pay a license
tax and obtain a license.
(3)Â
The minimum license tax under this section shall be based on whether
or not the dog is spayed or neutered, and the fee shall be as set
from time to time by resolution of the Village Board.
(4)Â
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 164-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year. Guide dogs for the disabled shall receive a license at no cost.
(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 for which the license is issued at all times, except as provided in § 164-2E.
(6)Â
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)Â
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 Village Clerk-Treasurer upon application therefor.
B.Â
Multiple dog licenses.
(1)Â
Any person who keeps more than two dogs shall, instead of the license tax for each dog required by this chapter, apply for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as set from time to time by resolution of the Village Board for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over six months of age are currently immunized against rabies, the Village Clerk-Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Multiple dogs may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under the Village's Zoning Code (see Chapter 715, Zoning).
[Amended 7-11-2012]
(2)Â
The owner or keeper of multiple dogs shall keep at all times a multiple
dog license tag attached to the collar of each dog over six months
old kept by the owner or keeper under a multiple dog 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. 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 multiple dog tag shall be permitted
to stray or to be taken anywhere outside the limits of the owner's
premises unless the dog is on a leash or temporarily unconfined/unleashed
for the purposes of hunting, breeding, trial, training or competition.[1]
(3)Â
The term "multiple dog" means any establishment wherein or whereon
three or more dogs are kept.
(4)Â
No multiple dog license shall be issued to the keeper or operator
of multiple dogs who fails to provide proper food and drink and proper
shelter for the dogs or who neglects or abandons said dogs. Designated
officials shall investigate any complaints regarding the failure to
maintain proper standards or investigate any multiple dog premises
upon his/her own initiative. Expressly incorporated by reference in
this section as minimum standards for multiple dog keepers or operators
are the relevant provisions of Ch. 174, Wis. Stats.
(5)Â
A condition of a multiple license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
Village 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 multiple dog license be found to constitute
a public nuisance, the license shall be revoked and the nuisance abated
pursuant to Village ordinances.
The Village Clerk-Treasurer shall assess and collect a late
fee, as set from time to time by resolution of the Village Board,
from every owner of a dog six 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.
A.Â
Area-wide rabies quarantines.
(1)Â
Area confinement order. If a district is quarantined for rabies,
all dogs within the Village shall be kept securely confined, tied,
leashed or muzzled. Any dog not confined, tied, leashed or muzzled
is declared a public nuisance and may be impounded. All officers shall
cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer
shall promptly post in at least three public places in the Village
notices of quarantine.
(2)Â
Exemption of vaccinated dog from Village quarantine. A dog which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A(1) if a rabies vaccination tag or substitute tag is attached to the dog's collar.
B.Â
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)Â
Quarantine or sacrifice. A law enforcement or animal control officer
shall order a dog 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 cannot be captured or such animal exhibits actual
signs of rabies, 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. No person shall interfere
with Village authorities or agents in carrying out their duties in
this regard. All expenses thus incurred shall be paid by the owner
or the person having custody of such dog.
(2)Â
Sacrifice of other animals.
(a)Â
An officer may order killed or may kill an animal other than
a dog if the officer has reason to believe that the animal bit a person
or is infected with rabies.
(b)Â
Any domesticated wild animal that has bitten any person, inclusive
of, but not limited to, wolf-dog hybrids, skunks and raccoons, shall
be immediately destroyed by a licensed veterinarian and the proper
specimen from the animal tested for rabies by the State Laboratory
of Hygiene. All expenses connected therewith shall be charged to the
owner or custodian of the animal.
C.Â
Quarantine procedures.
(1)Â
Vaccinated animal bite incidents. Any dog which has bitten any person
and which shows evidence of a current rabies inoculation shall be
quarantined at such place as designated by law enforcement or health
authorities for a minimum period of 10 days. The dog shall be examined
by a licensed veterinarian within 24 hours of a quarantine notice
and again on the 10th day after the bite. If, in the opinion of law
enforcement or health authorities, the vaccinated animal cannot be
confined securely at the residence of its owner or custodian, or exhibits
signs of illness as determined by a licensed veterinarian, the dog
shall be quarantined at a veterinary hospital under the supervision
of a licensed veterinarian.
(2)Â
Unvaccinated animal bite incidents. Any dog which has bitten any
person and which does not display evidence of rabies inoculation shall
be quarantined within 24 hours of the quarantine order at a veterinary
hospital under the supervision of a licensed veterinarian for a minimum
of 10 days. "Supervision of a licensed veterinarian" includes, at
a minimum, examination of the animal on the first day of isolation
and on the last day of isolation. If the veterinarian certifies that
the dog has not exhibited any signs of rabies, the animal may be released
from quarantine at the end of the observation period. After such period
of time, such veterinarian shall report his/her determination or findings
thereof in writing.
(3)Â
Risk to animal health due to suspected exposure to a rabid animal.
(a)Â
If a dog 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 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 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 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.
(c)Â
No person shall keep or harbor any dog or other domesticated
animal, whether licensed or not, which is known to be, or when there
is good reason to believe the same to be, mad, rabid, vicious or dangerous
to the public.
(4)Â
Destruction of an animal exhibiting symptoms of rabies. If a veterinarian
determines that a dog or other animal 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 other animal is suspected to have bitten a person, the
veterinarian shall notify the person or the person's physician.
D.Â
Delivery of carcass; preparation; examination by Laboratory of Hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or local health department. 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 Village,
the veterinarian or local health department which prepared the carcass
and, if the animal is suspected to have bitten a person, that person
or the person's physician.
E.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 Village, the Laboratory
of Hygiene, the applicable health department, the officer involved
and, if the animal is suspected to have bitten a person, the person's
physician.
F.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.
G.Â
State laws adopted by reference. The provisions of §§ 95.21
and 174.02(3), Wis. Stats., insofar as the same are applicable, are
incorporated by reference and made a part of this section, with the
same force and effect as those set forth verbatim herein. Any amendments
to those sections shall be adopted by reference as if they were fully
set forth herein.
A.Â
Restrictions. It shall be unlawful for any person within the Village
of Argyle to own, harbor or keep any dog which:
(1)Â
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)Â
Assaults or attacks any person or destroys property.
(3)Â
Is at large within the limits of the Village.
(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
Is unlicensed.
(8)Â
Is tied or leashed in a manner that prohibits or impairs the reading
of utility meters.
B.Â
Vicious dogs and other animals.
(1)Â
SERIOUS INJURY
VICIOUS DOG OR OTHER ANIMAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any abrasions, bruising, cuts, broken bones, lacerations,
internal injuries, torn or pulled ligaments or muscles, head injuries,
or any other such similar condition.
Any dog or other animal shall be deemed and be presumed to
be vicious if, at any time, it bites and inflicts a serious injury
to any person or persons two or more times during the dog's or
animal's life under unprovoked circumstances and while off the
dog's or animal owner's, keeper's or caretaker's
premises or property. If the dog or other animal inflicts serious
injury in a manner other than biting, said dog or other animal shall
also be deemed and presumed to be vicious under this section.
(2)Â
No vicious dog or other animal, as defined herein, shall be allowed
to be owned, kept, harbored, maintained or cared for within the Village
of Argyle corporate limits by any person or legal entity.
C.Â
Penalty for keeping vicious dogs or animals in violation of Subsection B.
(1)Â
Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Argyle or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Argyle to enforce or effectuate the Village of Argyle's ordinances.
(2)Â
In the event that any vicious dog or animal has been impounded, said
dog's or animal's owner shall be required to make arrangements
to have said animal removed from the corporate limits of the Village
of Argyle within seven days of impoundment. In the event any impounded
animal has not had arrangements made to remove said animal from the
corporate limits of the Village of Argyle within said seven-day period,
any law enforcement officer or animal control officer for the Village
of Argyle shall be authorized to destroy said animal.
D.Â
Potentially dangerous dog or other animal.
(1)Â
POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL
(a)Â
(b)Â
(c)Â
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Includes the following:
Any dog or other animal which, when unprovoked, on two separate
occasions within the immediate prior thirty-six-month period engages
in any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the dog are off the property
of the owner or keeper of the dog.
Any dog or other animal which, when unprovoked, bites a person,
causing a less severe injury than is defined in Subsection B(1) above.
Any dog or other animal which, when unprovoked, on two separate
occasions within the immediate prior thirty-six-month period has killed,
seriously bitten, inflicted injury or otherwise caused injury to a
domestic animal off the property of the owner or keeper of the dog
or other animal.
(2)Â
Restrictions and rules regarding potentially dangerous dogs or animals.
(a)Â
Any person may petition the Village Board for the Village of
Argyle that a dog or other animal is dangerous or potentially dangerous.
Such petition shall be filed with the Village Clerk, who shall set
the matter for a hearing before the Village Board for the purpose
of determining whether or not the dog or other animal in question
should be declared potentially dangerous. Whenever possible, any petition
shall be sworn to and verified by the complainant. Notice of the hearing
before the Village Board shall be given to the owner, caretaker, or
keeper of the dog or animal in question and the petitioner no less
than seven days prior to said hearing, with said notice, together
with a copy of the petition to be served personally or by first-class
mail with return receipt requested. All hearings under this section
shall be open to the public.
[Amended 11-5-2014]
(b)Â
The hearing body, which shall be the Village Board for the Village
of Argyle, may admit all relevant documents and testimony into evidence,
including incident reports and affidavits of witnesses, photographs
and personal testimony. The Village Board for the Village of Argyle
shall be the exclusive trier of the issue of whether a dog or other
animal is determined to be potentially dangerous. For the Village
Board of the Village of Argyle to determine that a dog or other animal
is potentially dangerous, there must be a preponderance of the evidence
to establish the same.
(c)Â
Any owner, harborer, keeper, caretaker or other interested party
who is aggrieved by any decision of the Village Board under this section
shall have the right to appeal the same by filing an action for certiorari
with the Circuit Court no more than 30 days from the date that said
aggrieved person had received written notice of the Village Board's
decision on whether a dog or other animal is potentially dangerous.
(d)Â
After the hearing conducted pursuant to § 164-6D(2)(a) above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified in writing of the determination and orders issued, either personally or by first class mail return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with § 164-6D(2)(h) and (i) in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the Village of Argyle, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.
(e)Â
No dog or other animal may be declared potentially dangerous
if any injury or damage is sustained by a person who, at the time
the injury or damage was sustained, was committing a willful trespass
or other tort upon premises occupied by the owner, keeper, harborer
or caretaker of the dog or other animal, or was teasing, tormenting,
abusing or assaulting the dog or other animal, or was committing or
attempting to commit a crime. No dog or other animal may be declared
potentially dangerous if the dog or other animal was protecting or
defending a person within the immediate vicinity of the dog from an
unjustified attack or assault. No dog or other animal may be declared
potentially dangerous if an injury or damage was sustained by a domestic
animal which, at the time the injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog or other animal.
(f)Â
No dog or other animal may be declared potentially dangerous
if the injury or damage to a domestic animal was sustained while the
dog was working as a hunting dog, herding dog, or predator control
dog on the property of or under the control of its owner, keeper,
harborer or caretaker, and the damage or injury was to a species or
type of domestic animal appropriate to the work of the dog.
(g)Â
No dog or other animal may be declared potentially dangerous
if the injury or damage to another domestic animal was sustained while
on the property or premises of the owner, harborer, keeper or caretaker
of the dog or other animal, and the injured domestic dog or animal
was upon the property not owned or maintained by the owner of the
injured or damaged domestic animal.
(h)Â
All potentially dangerous dogs or other animals shall be properly
licensed and vaccinated. The licensing authority for the Village of
Argyle shall include the potentially dangerous designation in the
registration records of the dog, either after the owner or keeper
of the dog has agreed to the designation or the Village Board, after
hearing, has determined the designation applies to the dog. The Village
of Argyle may charge a potentially dangerous dog fee in addition to
the regular licensing fee as to provide for the increased cost of
maintaining the records of the dog.
(i)Â
A potentially dangerous dog or other animal, while on the owner's
property, shall, at all times, be kept indoors or in a securely fenced
yard from which the dog cannot escape and into which children cannot
trespass. A potentially dangerous dog or other animal may be off the
owner's premises only if it is restrained by a substantial leash,
of appropriate length, and muzzled, and if it is under the control
and supervision of a responsible adult while being restrained by said
leash and muzzle.
(j)Â
If a potentially dangerous dog or other animal dies or is sold,
transferred or permanently removed from the Village of Argyle where
the owner, harborer, keeper or caretaker so resides, said person who
owns, keeps, harbors or caretakes a potentially dangerous dog or other
animal shall notify the chief law enforcement officer for the Village
of Argyle or the animal control officer of the change in condition
or new location of the potentially dangerous dog or other animal in
writing within 48 hours of said dog or other animal's remove.
E.Â
Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 164-6D(2) shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 164-6D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 164-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Argyle, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Argyle to enforce or effectuate the Village of Argyle's ordinances may impound any dog or other animal which is subject to § 164-6D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Argyle limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Argyle shall be authorized to destroy said animal.
F.Â
Unleashed dogs or other animals running at large; animals prohibited
in certain areas.
[Amended 1-4-2015]
(1)Â
No owner, keeper, harborer or caretaker of any dog or other animal
shall permit the same to be unleashed or unrestrained at any time
said dog or other animal is not on the owner's, keeper's,
harborer's, or caretaker's property or premises and which
is upon any public street, alley, right-of-way or any school ground,
public park, cemetery or other public or private property without
the permission of the owner or occupier of the property.
(2)Â
A dog or other animal which is leashed or otherwise restrained by
any device that is less than 10 feet in length, which is of sufficient
strength to restrain and control said dog or other animal, and is
held by a person competent to govern and control said animal, who
has obtained the age of 10 years or more, and is able to prevent said
dog or animal from annoying or worrying pedestrians or from trespassing
on private or public property. Furthermore, a dog or other animal
is not unleashed or uncontrolled and at large if it is properly restrained
within a motor vehicle.
(3)Â
No owner or keeper of a dog or any other animal shall enter any designated
public building or area of any public building owned or operated by
the Village of Argyle with such dog or animal. The Village Board shall
designate such buildings or areas of such buildings which prohibit
the entry therein and shall post appropriate signs or warnings of
such prohibited areas.
(a)Â
This provision does not apply to any animal used by a person who
is visually impaired, hearing impaired, or mobility impaired, for
which said animal is being used to assist such impaired person or
which animal is being trained for the purpose of assisting such impaired
person.
(b)Â
This provision does not apply to any animal used by or under the
auspices of any law enforcement agency used in the course of official
law enforcement business.
G.Â
Owner's liability for damage caused by dogs or other animals;
penalties. The provisions of § 174.02, Wis. Stats., relating
to the owner's liability for damage caused by dogs and other
animals, together with the penalties therein set forth, are hereby
adopted and incorporated herein by reference.
H.Â
Animals restricted on public grounds and cemeteries. No dog shall
be permitted in any public playground, school grounds, public park,
or swimming area within the Village. Dogs are prohibited from being
in cemeteries. Every dog specially trained to lead blind persons shall
be exempt from this section.
A.Â
Animal control agency.
(1)Â
The Village of Argyle 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)Â
The Village of Argyle does hereby delegate to 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, a law enforcement or animal control
officer may impound any dog or other animal which habitually pursues
any vehicle upon any street, alley or highway of this Village, assaults
or attacks any person, is at large within the Village, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his/her possession a signed statement of a complaining
witness made under oath alleging the facts regarding the violation
and containing an agreement to reimburse the Village for any damages
it sustains for improper or illegal seizure.
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, but if
such owner be unknown or unascertainable, the officer shall post written
notice in three public places in the Village, giving a description
of the animal, stating where it is impounded and the conditions for
its release, after the officer or warden has taken such animal into
his possession. If within seven days after such notice the owner does
not claim such animal, the officer may dispose of the animal in a
proper and humane manner, provided that, if an animal before being
impounded has bitten a person, the animal shall be retained in the
animal shelter for 10 days for observation purposes. Within such times,
the owner may reclaim the animal upon payment of impoundment fees,
such fees to be established by resolution of the Village Board or
impounding agency. No animal shall be released from the pound without
being properly licensed if so required by state law or Village ordinance.
D.Â
Sale of impounded animals. If the owner doesn't reclaim the
animal within seven days, the animal control officer may sell the
animal to any willing buyer.
E.Â
Village not liable for impounding animals. The Village and/or its
animal control agency shall not be liable for the death of any animal
which has been impounded or disposed of pursuant to this section.
Every owner or person harboring or keeping a dog or other domesticated
animal who knows that such dog or other domesticated animal has bitten
any person shall immediately report such fact to Village law enforcement
officers and shall keep such dog or other domesticated animal confined
for not less than 10 days or for such period of time as directed.
The owner or keeper of any such dog or other domesticated animal shall
surrender the dog or other domesticated animal to a law enforcement
or humane officer upon demand for examination.
A.Â
Keeping of certain animals prohibited. Except as provided herein,
it shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the Village of Argyle:
(1)Â
Exotic animals. 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)Â
Poisonous animals. Any animal having poisonous bites.
(3)Â
Regulated dogs. Any regulated dog, provided that regulated dogs complying with the provisions of this section may be kept within the Village subject to the standards and requirements set forth in Subsection B of this section. There shall be a presumption that any dog which substantially conforms or exhibits the distinguishing characteristics or substantially conforms to the standards describing the physical characteristics as recognized by the American Kennel Club, the United Kennel Club, or Continental Kennel Club for a particular breed which is regulated by this section shall be deemed a dog of the breed so regulated. "Regulated dog," as that term is used in this section, is defined to mean:
(a)Â
The Staffordshire bull terrier breed of dog.
(b)Â
The American pit bull terrier breed of dog.
(c)Â
The American Staffordshire terrier breed of dog.
(d)Â
The Perro de presa canario breed of dog, otherwise known as
Presa canario, also known as Canary dog or Presa dog.
(e)Â
The Rottweiler breed of dog.
(f)Â
The Rhodesian ridgeback breed of dog.
(g)Â
The Mastiff breed of dog.
(h)Â
Any dog which has the appearance and characteristic of being
predominantly of any of the above-listed breed or breeds of dogs.
B.Â
Keeping of regulated dogs. The provisions of Subsection A are not applicable to any person or persons who own, hold, keep, or harbor a regulated dog or dogs within the Village of Argyle, provided that there is full and continual compliance with the following conditions:
[Amended 7-11-2012; 9-2-2015]
(1)Â
Registration. All owners, holders, keepers, or harborers of a regulated
dog shall, prior to harboring or keeping such dog within the corporate
limits of the Village of Argyle, register said dog with the Village
by filing with the Village Clerk-Treasurer two color photographs of
the dog, clearly showing the color and approximate size of the dog.
There shall be a registration fee as prescribed from time to time
by resolution of the Village Board, which fee shall be paid by the
owner, keeper, or harborer of said regulated dog.
(2)Â
Leash and muzzle. No person shall permit a regulated 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 regulated
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 shall not be leashed to inanimate objects such as trees,
posts, buildings, and the like. In addition, all regulated 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 any person or other
animal.
(3)Â
Confinement. All regulated 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(2). All pens or kennels shall comply with all zoning, building, and health regulations of the Village of Argyle and shall be kept in a clean and sanitary condition.
(4)Â
Confinement indoors. No regulated dog may be kept on a porch, patio,
screened-in porch, or in any part of a house or structure that would
allow the dog to exit such building in its own volition.
(5)Â
Insurance.
(a)Â
All owners, holders, keepers, or harborers of any regulated dog must,
at the time of registering such regulated dog with the Village Clerk-Treasurer,
provide proof of insurance to the Village Clerk-Treasurer of public
liability insurance in the amounts of:
[1]Â
No less than $500,000 for bodily injury or death to any one person
with the limit, however, of not less than $1,000,000 for bodily injury
or death resulting from any one incident/accident; and
[2]Â
No less than $1,000,000 for property damage resulting from any one
incident/accident.
[3]Â
The amounts indicated in Subsection B(5)(a)[1] and [2] hereof shall apply per regulated dog.
[4]Â
Such owners, holders, keepers, or harborers shall provide to the
Village Clerk-Treasurer continual proof of insurance for each regulated
dog as long as said dog is within the Village of Argyle.
(b)Â
The Village of Argyle and its Board members shall be named as additional
insureds under such insurance, and a copy of the current in-force
policy shall be deposited with the Clerk-Treasurer. Such insurance
policy shall provide that no cancellation of the policy will be made
unless 10 days written notice is first given to the Clerk-Treasurer.
(6)Â
Reporting requirements. All owners, holders, keepers, and harborers
of a regulated dog must, within 10 days of the incident, report the
following information in writing to the Village of Argyle Clerk-Treasurer:
(a)Â
The removal from the Village or death of a registered regulated dog.
(b)Â
The birth of offspring of a registered regulated dog.
(c)Â
The new address of a registered regulated dog, should the dog be
moved within the Village of Argyle.
(d)Â
If the registered regulated dog is sold, the name and address of
the new owner.
(7)Â
Animals
born of a regulated dog. All offspring of a regulated dog must be
removed from the Village of Argyle within six weeks after birth of
the animal.
C.Â
Nonresident
owner, holder, keeper or harborer.
[Added 9-2-2015]
(1)Â
No
person who is not a resident of the Village of Argyle, as an owner,
holder, keeper, or harborer of a regulated dog, shall allow such regulated
dog to be within the Village limits unless such regulated dog is under
the immediate control of such person and is properly leashed and muzzled.
D.Â
Enforcement
provisions.
[Added 9-2-2015]
(1)Â
If
any owner, holder, keeper, or harborer of any dog is informed that
such dog has been determined by the Argyle Police Department or the
Village Board of the Village of Argyle to be a regulated dog as that
term is defined in this section, such owner, holder, keeper, or harborer
shall, within 10 days of being so notified, either:
(a)Â
Register said dog in accordance with Subsection B(1) of this ordinance and immediately comply with the terms and conditions of this section; or
(b)Â
Permanently remove said dog from the Village of Argyle; or
(c)Â
Provide sufficient proof to the Argyle Police Department that said
dog is not a breed or type that is subject to the definitions of a
regulated dog pursuant to this section. The burden of proof is upon
the owner, holder, keeper, or harborer of said dog to provide sufficient
evidence to the satisfaction of the Argyle Police Department that
such dog is not a regulated dog. If the Argyle Police Department determines
the dog is a regulated dog, such owner, holder, keeper, or harborer
shall, upon such determination, either register said dog pursuant
to this section and comply with all terms herein, or permanently remove
said dog from the Village of Argyle.
(2)Â
Any
person who violates any term of this section shall, upon conviction,
be subject to a forfeiture of $50, together with court costs and assessments,
along with any costs incurred by the Village of Argyle with reference
to the violation. Each day of a violation shall be a separate violation
for enforcement and penalties.
(a)Â
For the enforcement, penalties, and costs imposed under this section,
ownership, holding, harboring, or keeping of an offending animal by
a minor person shall be deemed that of the adult or adults that are
the head of the particular homestead where the minor resided or the
animal is routinely kept, held, owned or harbored.
(b)Â
In addition to the other enforcement provisions of this section,
the Village of Argyle shall have the right to seek a court order from
any court of competent jurisdiction calling for the removal, including
destruction, of any animal from the Village of Argyle found to be
held, harbored, kept, owned or otherwise maintained in violation of
this section, and to seek the assessment of all cost of the action,
including those costs set forth in this section.
A.Â
CANINE ANIMAL
COYOTE
DINGO
DOMESTICATED DOG
JACKAL
WOLF
WOLF/DOG HYBRID
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all members of the family canidae except foxes.
Canis latrans.
Canis dingo.
Canis familiaris.
Canis aurens.
Includes both Canis lupus and Canis niger.
Any cross-breed resulting from the mating of a domesticated
dog and a wolf, coyote jackal or dingo or resulting from the mating
of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated
dog. As used herein:
B.Â
Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Village of Argyle any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2006. This prohibition shall not apply to animals being transported through the limits of the Village of Argyle within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Village of Argyle before it has reached the age of five months. Wolf/dog hybrids permitted in the Village of Argyle shall be confined as set forth in this section.
C.Â
Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Village of Argyle which has not been registered on or before January 30, 2006, that person shall, to the satisfaction of the Court, remove said animal from the Village of Argyle until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by the Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection K on or before January 30, 2006, it shall be removed from and not returned to the Village of Argyle.
D.Â
Confinement requirements. The owner of any wolf/dog hybrid permitted
to be kept in the Village of Argyle and the owner of any property
on which such wolf/dog hybrid is kept shall see that the animal is
at all times confined according to the minimum requirements of this
section. A wolf/dog hybrid may be kept only in enclosures that meet
the following minimum requirements:
(1)Â
The first enclosure shall be constructed of not less than nine-gauge
galvanized chain link fencing, with mesh openings not greater than
two inches, which shall be securely anchored by stainless steel or
copper rings, placed at intervals not greater than six inches apart,
to a poured concrete base as described herein. Such enclosure shall
be not less than 500 square feet in area, plus 250 square feet for
each additional canine animal kept therein. Such enclosure shall be
the location in which any wolf/dog hybrid is primarily kept.
(2)Â
The first enclosure shall extend to a height of not less than eight
feet and shall be surrounded from ground level to a height of not
less than four feet by one-fourth-inch galvanized mesh screening.
(3)Â
The first enclosure shall have a full top, which shall also be constructed
of not less than nine-gauge chain link fencing with mesh openings
not greater than two inches, and which shall be securely anchored
to the sides of the enclosure. The entire base of the first enclosure
shall be a poured concrete slab floor at least four inches thick.
(4)Â
The second enclosure shall consist of a securely anchored fence at
least six feet in height, which shall entirely surround the first
enclosure and no part of which shall be nearer than six feet from
any part of the first enclosure. Said fence shall be a "vision barrier"
fence, no more than 5% open for through vision; except, however, that
the portion of said fence facing the dwelling of the owner of said
animals or of the property on which they are kept shall be constructed
of not less than nine-gauge chain link fencing to provide for observation
of said animals. If any portion of said fence is made of wood, the
finished or painted side thereof shall face outward from the first
enclosure.
(5)Â
Both enclosures shall be kept locked with case-hardened locks at
all times when an animal is unattended by an adult. The first (innermost)
enclosure shall have double entrance gates or doors situated and constructed
in such a fashion as to prevent an animal from escaping past an open
gate or door. The gates or doors providing access to the first (innermost)
enclosure shall be spring-loaded, so as to shut on their own accord
behind anyone entering that enclosure.
(6)Â
Within the first enclosure, shelter shall be provided adequate to
protect the animals confined against weather extremes. The first enclosure
shall be regularly cleaned to remove excreta and other waste materials,
dirt and trash, in a manner adequate to minimize health hazards and
avoid offensive odors.
(7)Â
The above-described enclosures shall be located in the rear yard
of any property on which a wolf/dog hybrid is kept, as defined in
the Village Zoning Code.
E.Â
Transportation and muzzling of animals. A wolf/dog hybrid may be
transported only if confined in a secure, locked container, covered
with one-fourth-inch galvanized fine mesh screen. This subsection
shall not prohibit the walking of such animals, provided they are
muzzled and restrained by a leather lead, at least one inch in diameter
and not exceeding three feet in length, attached to a metal choker-type
collar, under the control of an adult. The muzzle must be made in
a manner that will not cause injury to the wolf/dog hybrid or unduly
interfere with its vision or respiration but will prevent it from
biting any person or animal.
F.Â
Right of inspection. To ensure compliance with this section, any
person possessing any registration papers, certificate, advertisement
or other written evidence relating to the bloodlines or ownership
of a canine animal found within the Village shall produce the same
for inspection on demand of any law enforcement, conservation or public
health officer or court.
G.Â
Limitation on numbers. No person shall own, harbor or keep in his/her
possession on any one parcel of property more than two wolf/dog hybrids
over five months of age at any one time, nor shall any person retain
a litter or portion of a litter of wolf/dog hybrids longer than five
months.
H.Â
Veterinary exception. The foregoing provisions of this section shall
not apply to doctors of veterinary medicine in temporary possession
of wolf/dog hybrids in the ordinary course of their practice.
I.Â
Abandonment or negligent release. No person shall willfully or negligently
release or abandon a wolf/dog hybrid, as defined herein, within the
Village.
J.Â
Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Village of Argyle on the date of passage of this section, Subsection D shall take effect on January 30, 2006; for all other persons, said Subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.
K.Â
Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in
the Village of Argyle shall, on or before January 30, 2006, and annually
thereafter on or before January 30 of each year, register such animal
and provide a current color photograph of such animal with the Village
Clerk-Treasurer's office and pay a registration fee as prescribed
from time to time by resolution of the Village Board. At the time
of registration, each owner of any wolf/dog hybrid kept within the
Village limits shall provide to the Village Clerk-Treasurer proof
of liability insurance in the amount of at least $1,000,000 for any
acts of property damage, personal injury or other liability incurred
by virtue of any injury or damage inflicted by such wolf/dog hybrid.
Such insurance shall name the Village of Argyle as co-insured solely
for the purpose of notice of cancellation of such insurance policy.[1]
L.Â
Warning sign. The owner or keeper of a wolf/dog hybrid shall display
on the premises on which such animal is kept signs warning that there
is a wolf/dog hybrid on the property, as provided herein. Such signs
shall be visible and capable of being read within at least 20 feet
of their placement, but shall not be more than two square feet in
area, and shall state in bold, capital letters, on a white background,
the following: WARNING — WOLF/DOG HYBRIDS PRESENT. One such
sign shall be placed in the front yard of any property on which any
wolf/dog hybrid is kept, and additional such signs shall be placed
on all gates or doors providing access through the second (outermost)
enclosure required above.
A.Â
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, potbellied pig, 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.Â
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of the dog, cat or other animal 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, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps to the great discomfort
of the peace and quiet of the neighborhood or in such manner as to
materially disturb or annoy persons in the neighborhood who are of
ordinary sensibilities. Such dogs are hereby declared to be a public
nuisance. The owner of a dog is considered to be in violation of this
section when two formal, written complaints are filed with Village
law enforcement officers within a four-week period.
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 Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family felidae, polar bear (Thalarctos maritimus),
red wolf (Canis niger), vicuna (Vicugna vicugna), gray or timber wolf
(Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), Mexican ridley
turtle (Lepidochelys kempi).
(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 Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This paragraph 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 Subsections A and C herein 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. However, such facilities shall comply with Village zoning requirements.
C.Â
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 Village any poisonous reptile or any other dangerous
or carnivorous wild animal, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his possession or under his/her
control within the Village any of the following animals, reptiles
or insects:
(1)Â
All poisonous animals and reptiles.
(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
Coyotes (Canis latrans).
(9)Â
Deer (Cervidae); includes all members of the deer family; for example,
whitetailed deer, elk, antelope and moose.
(10)Â
Elephants (Elephas and Loxodonta).
(11)Â
Game cocks and other fighting birds.
(12)Â
Hippopotami (Hippopotamidae).
(13)Â
Hyenas (Hyaenidae).
(14)Â
Jaguars (Panthera onca).
(15)Â
Leopards (Panthera pardus).
(16)Â
Lions (Panthera leo).
(17)Â
Lynxes (Lynx).
(18)Â
Monkeys, old world (Cercopithecidae).
(19)Â
Ostriches (Struthio).
(20)Â
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(21)Â
Rhinoceroses (Rhinocero tidae).
(22)Â
Snow leopards (Panthera uncia).
(23)Â
Tigers (Panthera tigris).
(24)Â
Wolves (Canis lupus).
(25)Â
Poisonous insects.
D.Â
Snakes.
(1)Â
For purposes of this subsection, "poisonous" shall mean having the
ability to cause serious harm or death by the transfer of venom or
poison to a person or animal.
(2)Â
No person shall keep or possess any snake in the Village which is
poisonous or in excess of 10 feet in length. This prohibition shall
not apply to bona fide zoos, educational institutions or exhibitions
keeping such snakes for display or for instructional or research purposes.
Any person legally possessing any such animal in this capacity shall
notify the Chief of Police in writing of the location and type of
snake being kept and the purpose for such possession.
E.Â
Exceptions; animal trials; wildlife rehabilitators. 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 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; zoological gardens, if:
(1)Â
Their location conforms to the provisions of the zoning ordinance
of the Village.
(2)Â
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)Â
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)Â
No person lives or resides within 75 feet of the quarters in which
the animals are kept.
(5)Â
The prohibitions in this section shall not apply to animals in the
possession of a wildlife rehabilitator who is licensed by the State
of Wisconsin Department of Natural Resources while such animal is
being lawfully nurtured or rehabilitated for release in the wild.
No animal may be kept under this exception for a period of more than
55 days. No animal may be kept under this exception that poses a danger
to the community.
F.Â
Farm animals; miniature pigs. Except as provided in § 164-23 regarding miniature pigs, and in revised § 715-24B(1), (2) and (3), no person, persons, or entity shall own, keep, harbor or board within the Village of Argyle corporate boundaries any cattle, horses, ponies, swine, goats, sheep, fowl (more than two) or rabbits (more than four). For purposes of this subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets, provided there is no more than one such miniature pig per household.
[Amended 1-5-2011]
A.Â
No person may sell, offer for sale, raffle, give as a prize or premium,
use as an advertising device or display living chicks, ducklings,
other fowl or rabbits that have been dyed or otherwise colored artificially.
B.Â
Restrictions.
(1)Â
No person may sell, offer for sale, barter or give away living chicks,
ducklings or other fowl without providing proper brooder facilities
for the care of such chicks, ducklings or other fowl during the time
they are in such person's care, custody or control.
(2)Â
No retailer, as defined in § 100.30(2)(e), Wis. Stats.,
may sell, offer for sale, barter or give away living baby rabbits,
baby chicks, ducklings or other fowl under two months of age, in any
quantity less than six, unless the purpose of selling these animals
is for agricultural, wildlife or scientific purposes.
A.Â
Care of dogs and domesticated animals. All dogs and domesticated
animals shall be cared for, maintained and handled in a humane and
sanitary manner and in such a way as to prevent noises, barking, fighting
or howling or other disturbance of the peace and quiet of the neighborhood.
No domestic animal shall be abandoned or turned loose by its owner
or keeper. No animal shall be inhumanely confined in a manner which
causes or is likely to cause pain, suffering, injury or death.
B.Â
Food and water.
(1)Â
No person owning or responsible for confining or impounding any animal
may refuse or neglect to supply the animal with a sufficient supply
of food and water as prescribed in this section.
(2)Â
The food shall be sufficient to maintain all animals in good health.
(3)Â
If potable water is not accessible to the animals at all times, it
shall be provided daily and in sufficient quantity for the health
of the animal.
A.Â
Proper shelter. No person owning or responsible for confining or
impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing
in this section shall be construed as imposing shelter requirements
or standards more stringent than normally accepted husbandry practices
in the particular county where the animal or shelter is located.
B.Â
Indoor standards. Minimum indoor standards of shelter shall include:
C.Â
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)Â
Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this paragraph, "caged" does not include farm
fencing used to confine farm animals.
(2)Â
Shelter from inclement weather.
(a)Â
Animals generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
(b)Â
Dogs. If a dog is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
D.Â
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)Â
Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2)Â
Space requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
E.Â
Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
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, Wis. Stats., Investigation of cruelty complaints,
and § 173.24, Wis. Stats., Expenses of Investigation, 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 Village or any animal control
agency with whom the Village has an agreement or contract shall have
the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person
or organization for the costs of such treatment.
A.Â
Acts of cruelty prohibited. No person except a law enforcement or
animal control officer in the pursuit of his duties shall, within
the Village, shoot or kill or commit an act of cruelty to any animal
or bird or disturb any bird's nest or bird's eggs.
B.Â
Leading animal from motor vehicle. No person shall lead any animal
upon a Village street from a motor vehicle or from a trailer or semitrailer
drawn by a motor vehicle.
C.Â
Use of poisonous and controlled substances. No person may expose
any pet animal owned by another to any known poisonous substance or
controlled substance listed in § 961.14, Wis. Stats., whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming
the animal. This subsection shall not apply to poison used on one's
own premises and designed for the purpose of rodent and pest extermination,
nor the use of a controlled substance used in accepted veterinarian
practice or in research by persons or organizations regularly engaged
in such research.
D.Â
Use of certain devices prohibited. No person may, directly or indirectly,
or by aiding, abetting or permitting the doing thereof, either put,
place, fasten, use or fix upon or to any animal used or readied for
use for a work purpose or for use in an exhibition, competition, rodeo,
circus or other performance any of the following devices: a bristle
bur, tack bur or like device; or a poling device used to train a horse
to jump which is charged with electricity or to which have been affixed
nails, tacks or other sharp points.
E.Â
Shooting at caged or staked animals. No person may instigate, promote,
aid or abet as a principal, agent, employee, participant or spectator,
or participate in the earnings from or intentionally maintain or allow
any place to be used for the shooting, killing or wounding with a
firearm or any deadly weapon any animal that is tied, staked out,
caged or otherwise intentionally confined in a man-made enclosure,
regardless of size.
[Amended 7-11-2012]
A.Â
Purpose. The keeping of a large number of dogs within the Village
of Argyle for a considerable period of time detracts from and, in
many instances, is detrimental to healthful and comfortable life in
such areas. The keeping of a large number of dogs is, therefore, declared
a public nuisance.
B.Â
Number limited.
[Amended 12-10-2012]
(1)Â
No person, family, or entity of any kind shall own, harbor or keep in its possession more than two dogs at or in any residential unit without prior issuance of a multiple dog license by the Village Board, except that a litter of pups or portion of a litter may be kept for not more than ten weeks from birth. The limitation as to the litter of pups may be waived with the approval of the Village Board when a multiple dog license has been issued by the Village pursuant to § 164-3 of the Code of Ordinances. Such application of a waiver shall be made to the Village Clerk-Treasurer.
(2)Â
No person, family, or entity of any kind shall own or operate any
commercial kennel or boarding kennel within the corporate limits of
the Village of Argyle, except such ownership or operation is permitted
in the A-1 Agricultural District of the Village of Argyle, provided
that a conditional use is obtained and any other restrictions as may
be imposed by the Code of Ordinances, the Wisconsin State Statutes,
the Wisconsin Administrative Code, and the Village Board are met.
(a)Â
"Commercial kennel" shall mean an establishment wherein any person
or entity is engaged in the business of breeding, buying, letting
for hire, training for a fee and/or selling of dogs.
(b)Â
"Boarding kennel" shall mean an establishment wherein any person
or entity is engaged in the business of boarding of animals for a
period of 12 consecutive hours or longer. "Boarding kennel" shall
not include veterinary hospitals, pet shops or commercial kennels.
A.Â
In the interest of public health and safety, it shall be unlawful
for any person in or on Village-owned land within the Village of Argyle
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 on Village-owned
property 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.Â
All such traps set, placed or tended shall comply with Ch. 29, Wis.
Stats. as they relate to trapping.
D.Â
Nothing in this section shall prohibit or hinder the Village of Argyle
or its employees or agents from performing their official duties.
It shall be unlawful for any person to establish or maintain
any hive, stand or box where bees are kept or keep any bees in or
upon any premises within the corporate limits of the Village unless
the bees are kept in accordance with the following provisions:
A.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.
B.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 or artificial.
C.Â
Fresh, clean watering facilities for bees shall be provided on the
said premises.
D.Â
The bees and equipment shall be kept in accordance with the provisions
of state law.
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 Village of Argyle limits
a Vietnamese potbellied pig without first having obtained a license
from the Village Clerk-Treasurer and being in compliance with all
provisions of this section. The fee for a license issued hereunder
or renewal thereof shall be as prescribed from time to time by resolution
of the Village Board per calendar year or fraction thereof. Excepted
from the license requirement is any law enforcement agency or agency
under contract with the Village to care for stray or unwanted animals.[1]
C.Â
License/application.
(1)Â
Any applicant for a license or renewal thereof under this section
shall file with the Village Clerk-Treasurer a fully executed application
on a form prescribed by the Village Clerk-Treasurer, 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 Village
Clerk-Treasurer.
(b)Â
There has been an inspection by a Village law enforcement officer
or the Building Inspector of the premises being licensed and a determination
by said sanitarian that all requirements of this section and other
applicable general and zoning ordinances have been met.
(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 Village 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 pseudo-rabies 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 Village
President or Village law enforcement officers shall have the right
to suspend or revoke any license once granted or deny annual renewal
thereof when it appears that any license has violated any of the provisions
of this section or any ordinance of the Village 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 Village
Board by filing a request within 10 days of such notice.
It shall be unlawful for anyone to place any type of feeder,
above or on the ground, for the purpose of offering any feed such
as salt, minerals, apples, corn, sunflower seeds, deer suckers, or
any other type of feed for the purpose of enticing deer into any specific
area of anyone's property in the Village of Argyle.
A.Â
Any person violating § 164-16, 164-17, 164-18, 164-19, 164-20, 164-21, 164-22, 164-23 or 164-24 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.Â
Licensing and vaccination offenses.
(2)Â
An owner who refuses to comply with an order issued under § 164-5 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 or imprisoned not more than 60 days or both.
D.Â
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 section shall be subject to immediate seizure, impoundment
and removal from the Village by Village officials in the event the
owner or keeper of the dog fails to remove the dog from the Village.
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.