[HISTORY: Adopted by the Village Board of the Village of
Clayton 7-10-1995 as Title 7, Ch. 1, and Sec. 6-1-3 of the 1995 Code. Amendments noted
where applicable.]
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:[1]
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.
As used herein as describing a dog or cat shall mean 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 chapter.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
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
Village of Clayton 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 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 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 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
of the U.S. Department of Health and Human Services and the Village.
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 Village of Clayton 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)
The minimum license tax under this section shall be $3 for spayed
females or neutered males. The minimum fee for unspayed or unneutered
animals shall be $8. Anyone owning more than two dogs in the Village
limits shall apply for a multi-dog license at the rate of $35. These
amounts shall be reduced by 1/2 if the animal became five months of
age after July 1 during the license year. The license year shall commence
January 1 and end December 31.
[Amended 5-5-2003]
(4)
Upon payment of the required license tax and upon presentation of
evidence that the dog is currently immunized against rabies, as required
by § 174-2 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.
(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 § 174-2E.
(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 Village police 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 Village Clerk-Treasurer upon application therefor.
(8)
The Village of Clayton shall report to the County Clerk all dogs
not licensed within the Village limits.
[Amended 5-5-2003]
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 of $35 for a kennel of 12 or fewer
dogs and an additional $3 for each dog in excess of 12. Upon payment
of the required kennel license tax and, if required by the Village
Board, upon presentation of evidence that all dogs over five months
of age are currently immunized against rabies, the Village Clerk-Treasurer
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 after a conditional use permit has been issued
pursuant to Chapter 510, Zoning.[1]
(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 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.
The Village Clerk-Treasurer shall assess and collect a late
fee of $5 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.
A.
Dogs and cats confined. If a district is quarantined for rabies,
all dogs and cats within the Village shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat not confined, tied, leashed
or muzzled is declared a public nuisance and may be impounded. All
officers shall cooperate in the enforcement of the quarantine. The
Village Clerk-Treasurer shall promptly post in at least three public
places in the Village notices of quarantine.
B.
Exemption of vaccinated dog or cat from Village quarantine. A dog
or cat which is immunized currently against rabies, as evidenced by
a valid certificate of rabies vaccination or other evidence, is exempt
from the Village quarantine provisions of Subsection A if a rabies
vaccination tag or substitute tag is attached to the dog's or
cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer shall order a dog
or cat quarantined if the officer has reason to believe that the animal
bit a person, is infected with rabies or has been in contact with
a rabid animal. If a quarantine cannot be imposed because the dog
or cat cannot be captured, the officer may kill the animal. The officer
may kill a dog or cat only as a last resort if the owner agrees. The
officer shall attempt to kill the animal in a humane manner and in
a manner which avoids damage to the animal's head.
(2)
Sacrifice of other animals. An officer may order killed or may kill
an animal other than a dog or cat if the officer has reason to believe
that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An officer who orders a dog or cat to be quarantined shall deliver
the animal or shall order the animal delivered to an isolation facility
as soon as possible but no later than 24 hours after the original
order is issued or the officer may order the animal to be quarantined
on the premises of the owner if the animal is immunized currently
against rabies as evidenced by a valid certificate of rabies vaccination
or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. In this subsection,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation
and on one intervening day. If the observation period is not extended
and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat is immunized against rabies, the custodian of
an isolation facility or the owner shall keep the animal leashed or
confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. If the
dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
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.
F.
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 local health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's
physician.
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the Village
of Clayton to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
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)
In the case of a dog, is unlicensed.
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
section, a dog shall be deemed as being of a vicious disposition if,
within any twelve-month period it bites two or more persons or inflicts
serious injury to one person in unprovoked circumstances off the owner's
premises. Any vicious dog which is found off the premises of its owner
other than as hereinabove provided may be seized by any person and,
upon delivery to the proper authorities, may, upon establishment to
the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after automobiles.
C.
Animals running at large.
(1)
No person having in his possession or ownership any animal or fowl
shall allow the same to run at large within the Village. The owner
of any animal, whether licensed or unlicensed, shall keep his animal
tied or enclosed in a proper enclosure so as not to allow said animal
to interfere with the passing public or neighbors. Any animal running
at large unlicensed and required by state law or Village ordinance
to be licensed shall be seized and impounded by a humane or law enforcement
officer.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash and under control of a person physically able to control
it.
D.
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.
E.
Sanitary requirements. All structures, pens, buildings, stables,
coops or yards wherein animals or fowl are kept shall be maintained
in a clean and sanitary condition, free of rodents, vermin and objectionable
odors, and shall only be kept in properly zoned areas.
F.
Animals excluded from food-handling establishments. No person shall
take or permit to remain any dog, cat or other live animal on or upon
any premises where food is sold, offered for sale or processed for
consumption by the general public.
A.
Animal control agency.
(1)
The Village of Clayton 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 Village of Clayton does hereby delegate any such animal control
agency the authority to act pursuant to the provisions of this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any police or humane officer may
impound any dog, cat 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 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.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or humane 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 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, if an animal before being impounded has bitten a
person, the animal shall be retained in the animal shelter for 14
days for observation purposes. Within such time, the owner may reclaim
the animal upon payment of impoundment fees, such fees to be established
by resolution of the Village Board. No animal shall be released from
the pound without being properly licensed if so required by state
law or Village ordinance.
D.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the animal control agency may sell the animal to
any willing buyer.
E.
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.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead blind persons shall be exempt from this
section.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Police Department and shall keep such dog
or cat confined for not less than 14 days or for such period of time
as the Police Department shall direct. The owner or keeper of any
such dog or cat shall surrender the dog or cat to a law enforcement
or humane officer upon demand for examination.
The owner or person in charge of any dog 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.
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, or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. A dog or cat is
considered to be in violation of this section when two formal, written
complaints are filed with the Police Department within a four-week
period.
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 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), or alligator, caiman
or crocodile of the order of crocodilia, gray or timber wolf (Canis
lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), 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 Village 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 by a person holding a scientific collectors
permit issued by the Secretary of the Department of Natural Resources
of the state, or to any person or organization licensed to present
a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his possession or under his 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
control within the Village 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, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family; for
example, white-tailed 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)
Piranha fish (Characidae).
(22)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocerotidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Tigers (Panthera tigris).
(27)
Wolves (Canis lupus).
(28)
Poisonous insects.
(30)
Except in properly zoned districts, horses, mules, ponies, donkeys,
cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing
purposes, unless otherwise permitted elsewhere in this Code.
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; 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.[2]
[2]
Editor's Note: Original Sections 7-1-14, Sale of rabbits,
chicks or artificially colored animals, 7-1-15, Providing proper food
and drink to confined animals, and 7-1-16, Providing proper shelter,
of the 1995 Code of Ordinances, which immediately followed this section,
were repealed at time of adoption of Code (see Ch. 1, General Provisions,
Art. II).
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement 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 shall prove that such killing was unwarranted.
(5)
Wisconsin Statutes § 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 the owner
of such animal cannot be located, the Village or any animal control
agency with which 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.
Acts of cruelty prohibited. No person except a police officer
or health or humane 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 nests or bird's eggs.[1]
A.
Unless authorized by the Clerk-Treasurer, in the interest of public
health and safety, it shall be unlawful for any person, in or on public
land within the Village of Clayton, 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 Chapter 29
of the Wisconsin Statutes as it relates to trapping.
D.
This section shall not apply to trapping within the confines of buildings
or homes.
The operator of any vehicle involved in an accident resulting
in injury to or death of a dog, cat or other animal which appears
to be a pet shall immediately notify the Police Department or an animal
control agency whose jurisdiction extends into the Village.
A.
Purpose.
The keeping of a large number of dogs within the Village 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.
FAMILY
RESIDENTIAL LOT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
One or more persons.[1]
A parcel of land zoned as residential, occupied or to be
occupied by a dwelling, platted or unplatted, and under common ownership.
For the purpose of this section, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
C.
Number
limited.
(1)
No
family shall own, harbor or keep in its possession more than three
dogs on any residential lot without the prior approval of the Village
Board, except that a litter of pups or a portion of a litter may be
kept for not more than eight weeks from birth. If more than one family
resides on a residential lot, then only a total of three dogs shall
be allowed on the residential lot unless prior approval is obtained
from the Village Board.
(2)
The
above requirement may be waived with the approval of the Village Board
or when a kennel license has been issued by the Village. Such application
for waiver shall first be made to the Village Clerk-Treasurer.
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 Village 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.
(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 the
said premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of the state statutes.
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.
A.
Any person violating § 174-14, 174-15, 174-16, 174-17,
174-18 or 174-19 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.
Anyone who violates § 174-1, 174-2, 174-3, 174-4 or 174-5
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 § 174-5
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.
An owner who fails to have a dog or cat vaccinated against rabies
as required in § 174-2 shall be subject to a forfeiture
of not less than $50 nor more than $100.[1]