Village of Tigerton, WI Animals

It shall be unlawful for any person in the Village of Tigerton to own, harbor or keep any dog or cat 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.

The owner of any dog or cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually or on or before the date the dog or cat becomes five months of age pay a license tax and obtain a license.

The Village Board shall establish the dog and cat license tax in accordance with § 174.05, Wis. Stats. The license year shall commence January 1 and end December 31.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 202-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state law. The 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.

The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog or cat for which the license is issued at all times.

The fact that a dog or cat is without a tag attached to the dog or cat by means of a collar shall be presumptive evidence that the dog or cat is unlicensed. Any law enforcement, animal control or humane officer shall seize, impound or restrain any dog or cat for which a dog or cat license is required which is found without such tag attached.

Notwithstanding the foregoing, every dog or cat specifically trained to lead blind or deaf persons is exempt from dog or cat license tax, and every person owning such a dog or cat shall receive annually a free dog or cat license from the Clerk-Treasurer upon application therefor.

Kennel licenses.

Any person who keeps or operates a kennel may, instead of the license tax for each dog or cat 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 as set by the Village Board. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs or cats 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 or cats authorized to be kept in the kennel.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog or cat over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog or cat during competition, to a dog or cat confined in a fenced area. These tags may be transferred from one dog or cat to another within the kennel whenever any dog or cat is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog or cat for which it is issued at all times, but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors, or to a dog or cat securely confined in a fenced area. No dog or cat bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog or cat is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

§ 202-4 Late fee.

The Village Clerk-Treasurer shall assess and collect a late fee of $5 from every owner of a dog or cat five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or cat, or if the owner failed to obtain a license on or before the dog or cat reached licensable age.

§ 202-5 Rabies quarantine.

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 furnished by the Department of Agriculture, Trade and Consumer Protection for posting.

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.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice of dog or cat. A law enforcement, animal control, humane or health officer shall order a dog or cat quarantined if such 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 or 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.

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.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine on premises of owner. A law enforcement, animal control, humane or health 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.

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 paragraph, "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.

Risk to animal health.

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 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.

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.

Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or the County Health Department. The veterinarian or County 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 Department of Agriculture, Trade and Consumer Protection, the veterinarian or County Health Department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or that person's physician.

[Amended 9-5-2017]

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 Department of Agriculture, Trade and Consumer Protection, the Laboratory of Hygiene, the County Health Department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

[Amended 9-5-2017]

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.

§ 202-6 Dangerous animals.

[Amended 6-4-2018 by Ord. No. 2018-01]

Prohibitions.

No person shall own, harbor, keep, or maintain within the Village limits any dangerous animal, except as provided in Subsection D below.

No person may bring into or keep within the Village limits any animal that is determined to be a prohibited dangerous animal under this section.

No person shall offer for sale, sell, give away, breed, buy, or attempt to buy any dangerous animal within the Village except as permitted under this section.

No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait, or use any animal for the purpose of causing or encouraging said animal to attack human beings or domestic animals when not provoked.

The issuance of a citation under this section need not be predicated on a determination that an animal is a dangerous or prohibited dangerous animal.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DANGEROUS ANIMAL

Any animal which approaches or chases any human being or domestic animal in a menacing fashion or apparent attitude of attack, without provocation, on public or private property, and, after evaluation by the Chief of Police or the Chief's designee, is determined to pose a threat to public safety or welfare;

Any animal which bites, inflicts injury, attacks or otherwise endangers the safety of human beings or domestic animals, without provocation, on public or private property, and, after evaluation by the Chief of Police or the Chief's designee, is determined to pose a threat to public safety or welfare; or

PROHIBITED DANGEROUS ANIMAL

Any animal owned, harbored or trained primarily or in part for the purpose of fighting.

Any animal that, while off the owner's or caretaker's property, has killed a domesticated animal without provocation;

Any animal that, without provocation, inflicts serious bodily harm on a person on public or private property;

Any animal brought from another city, village, town or county that has been declared dangerous or vicious or its equivalent by that jurisdiction;

Any dangerous animal that is not in compliance with any of the provisions of Subsection D;

Any animal declared dangerous under this section that subsequently has a second or more reported unprovoked incidents in which the animal has bitten, inflicted injury, attacked or otherwise unreasonably endangered with aggressive or threatening behavior the safety of a human being or pet animal on public or private property;

Any dog that is subject to being destroyed under Wis. Stats. § 174.02(3); or

Any animal owned, harbored or trained primarily or in part for the purpose of fighting.

Procedure for declaring a dangerous animal.

The Chief of Police or the Chief's designee, upon conducting an investigation, may issue an order declaring an animal to be a dangerous animal whenever he/she finds that an animal meets the definition of a "dangerous animal" in Subsection B. An owner or caretaker wishing to contest an order under this section shall proceed as provided in Subsection F.

Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with the signage, leashing, muzzling and confinement requirements of Subsection D(3) and D(5) through (7). The owner or caretaker shall comply with the requirements of Subsection D(6)(b) within five days of the order and with all other requirements in Subsection D being satisfied within 30 days of the order.

Upon written request by the owner or caretaker, the Chief of Police or the Chief's designee may waive any requirement specified in Subsection D that he/she deems it to be inappropriate for a particular dangerous animal.

Restrictions. The owner or caretaker of any animal determined by the Chief of Police or the Chief's designee to be a dangerous animal shall comply with all of the following conditions:

Registration. The owner or caretaker of any dangerous animal shall register it with the Village Clerk within 30 days of the order and, thereafter, before January 1 of each year, by providing a current color photograph of the animal and payment of a registration fee as from time to time set by the Village Board in the fee schedule. Upon payment of the fee and satisfactory proof of compliance with the provisions and conditions of this section the owner shall be issued a dangerous animal certificate of registration. The owner or caretaker shall post the certificate of registration on the front door of the residence where the dangerous animal is being kept.

The owner or caretaker of any dangerous animal shall also provide proof of current license and rabies certificate as required under §§ 202-2 and 202-3, respectively, at the time of registration and each year thereafter.

Liability insurance. At the time of registration, the owner or caretaker of any dangerous animal shall provide proof of liability insurance in the amount of at least $250,000 for any acts of property damage or liability incurred by virtue of personal injury inflicted by such animal. Such insurance shall name the Village as coinsured solely for the purpose of notice of cancellation of the policy.

Display of sign. The owner or caretaker of any dangerous animal shall display signs on his or her premises facing out from all sides of the premises warning that there is a dangerous animal on the property. This sign shall be visible and capable of being read from a public highway or thoroughfare or within 20 feet of its placement. In addition, the sign shall include a pictorial symbol warning children of the presence of a dangerous animal.

Identification. The owner or caretaker of the dangerous animal shall provide written proof from a licensed veterinarian or humane society of a device which can be later detected to aid in the proper identification of the animal. The device must be numbered, and the number must be provided to the Chief of Police or the Chief's designee.

Collar. A leather collar shall be worn by the animal at all times, except when being groomed.

Duty to keep animal under restraint while on owner's or caretaker's property. While on the owner's or caretaker's property, a dangerous animal must be securely and humanely confined indoors or when outdoors, kept in a secure enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping or as set forth in Subsection D(7).

Indoor confinement. No dangerous animal may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the animal to exit the premises of its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.

(b)

Outdoor confinement. All owners or caretakers of a dangerous animal must maintain on the property a pen or kennel as provided in this subsection. The pen or kennel shall be childproof from the outside and animalproof from the inside. A strong metal double fence with adequate space between fences (at least two feet) shall be provided so that a child cannot reach into the animal enclosure. Such pen or structure must have secure sides and a secure top attached to all sides. The pen or structure shall be locked with a key or combination lock when the animal is within the structure. If it has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal. All structures erected to house dangerous animals shall comply with all Village building and zoning regulations and be adequately lighted and ventilated and kept in a clean and sanitary condition.

Duty to keep animal under restraint when off property. No owner or caretaker may permit a dangerous animal to go outside its dwelling, kennel or pen unless the animal is muzzled and restrained by a leather collar with harness and leather lead not exceeding four feet in length and is under control of an adult, able-bodied person competent to govern the animal and physically capable of controlling and restraining the animal. The animal may not be leashed to inanimate objects such as trees, posts and buildings. The animal shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals.

(8)

Spay and neuter requirement. The owner or caretaker shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered.

Procedure for declaring a prohibited dangerous animal.

The Chief of Police or the Chief's designee, upon conducting an investigation, may issue an order declaring an animal to be a prohibited dangerous animal and order the animal to have a microchip or other device inserted for identification purposes whenever he/she finds that an animal meets the definition of "prohibited dangerous animal" in Subsection B. The cost of a microchip or other device shall be at the expense of the owner or caretaker. An owner or caretaker wishing to contest an order under this section shall proceed as provided in Subsection F.

Upon issuance of an order declaring an animal to be a prohibited dangerous animal, the owner or caretaker shall remove the animal from the Village within five days after the date of the order.

No owner or caretaker of a prohibited dangerous animal may sell or in any way transfer possession of the animal to any other person within the Village.

Any animal declared to be a prohibited dangerous animal that is not removed from the Village within five days of it being declared a prohibited dangerous animal may be seized by the Village pursuant to Wis. Stats. § 173.13(1).

The owner or caretaker shall provide the Chief of Police or the Chief's designee, within five days of the animal being declared a prohibited dangerous animal, the name, address and telephone number of the person that will be in possession of the prohibited dangerous animal or a certification from a licensed veterinarian or local humane society that the prohibited dangerous animal was humanely euthanized. The owner or caretaker shall also present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner and advised that the animal is a prohibited dangerous animal.

Appeal process for dangerous and prohibited dangerous animal.

Whenever an owner or caretaker wishes to contest an order of the Chief of Police or the Chief's designee to declare an animal dangerous under Subsection C or prohibited dangerous under Subsection E, he or she shall, within five days after receipt of the order, deliver to the Village Clerk, a written objection to the order, addressed to the Police, Fire, Health and Safety Committee, stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Police, Fire, Health and Safety Committee to be reviewed at the next regular meeting, unless the appeal is filed within four days of the next meeting, in which case it shall be heard at the following meeting or at the discretion of the chair of the Police, Fire, Health and Safety Committee at a specially scheduled meeting. The Police, Fire, Health and Safety Committee shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared dangerous or prohibited dangerous. The Village elects not to be bound by Ch. 68, Wis. Stats., with respect to administrative procedure in this regard.

After the hearing, the owner or caretaker shall be notified of the Police, Fire, Health and Safety Committee's determination.

If the owner or caretaker wishes to further contest the determination, he or she may, within five days of receiving the Police, Fire, Health and Safety Committee's decision, seek a review of the decision by the circuit court.

Notification.

The owner or caretaker of a dangerous animal shall notify the Police Department immediately if a dangerous animal is at large.

The owner or caretaker of a dangerous animal shall notify the Police Department within 24 hours if the dangerous animal has bitten or inflicted injury upon another animal or human being or has died.

No owner or caretaker may sell or transfer possession of a dangerous animal to another person without first notifying the person to whom the dangerous animal is being sold or transferred of the fact that such animal is a dangerous animal. The owner or caretaker shall also provide the Police Department with the name, address and telephone number of the new owner of the dangerous animal. If the dangerous animal is sold or transferred to a person outside the Village, the owner or caretaker shall present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner and advised that the animal is a dangerous animal.

The owner or caretaker shall update the Village Clerk and the Police Department within five days upon moving the dangerous animal to another location.

Impoundment.

Pending any investigation as to whether an animal is a dangerous or prohibited dangerous animal or pending a hearing on an appeal under Subsection F of either determination, the animal must be securely confined in a humane manner either on the premises of the owner or caretaker, with a licensed veterinarian or other appropriate facility such as the local humane society. The owner or caretaker of any animal impounded on the premises of the owner or caretaker must comply with the restrictions set forth in Subsection D(3), (5) through (7). The Chief of Police or the Chief's designee may order impoundment of the animal pending his/her investigation and through any appeal hearing under Subsection F, pursuant to Wis. Stats. § 173.13(1). If an animal is determined to be dangerous, it may remain impounded until the owner or caretaker has complied with all restrictions set forth in Subsection D or until such time as the Chief of Police or the Chief's designee determines the animal may be safely returned to its owner or caretaker and upon payment of all costs and expenses under Subsection H(2). If an animal is determined to be a prohibited dangerous animal, it may remain impounded until the owner or caretaker provides the Police Department adequate assurances that the animal will be removed from the Village as provided in Subsection E(2), insertion of a microchip or other device for identification purposes, and upon payment of all costs and expenses under Subsection H(2). Any animal that has been impounded and remains unclaimed by its owner or caretaker for more than seven days after written notice by certified mail has been sent to the owner or caretaker to his/her last known address advising that a determination has been made that the animal may be returned to the owner or caretaker upon compliance with the requirements of this subsection may be humanely euthanized pursuant to Wis. Stats. § 173.23. Any owner or caretaker aggrieved by the impoundment order of the Chief of Police or the Chief's designee may appeal such decision in the same manner and under the same procedures as set forth in Subsection F.

The owner or caretaker of the animal shall be liable to the Village for the costs and expenses of impounding an animal unless the Chief of Police or the Chief's designee fails to declare the animal dangerous or prohibited dangerous or the determination is ultimately overturned by the Police, Fire, Health and Safety Committee or a reviewing court.

The owner or caretaker of an animal confined on the premises under Subsection H(1) shall immediately notify the Police Department if the animal is loose or unconfined; has attacked, bitten or injured another animal; has attacked, bitten or injured a human being; or has died. The animal shall not be sold or given away during the confinement or impoundment period.

The Chief of Police or the Chief's designee shall make a reasonable attempt to promptly notify the owner or caretaker, in writing, of any impoundment under this subsection if he or she can be identified and located with reasonable effort. Mailing written notice to the owner's or caretaker's last known address shall satisfy this requirement.

Destruction. Any dog that has caused serious injury to a person or a domestic animal on two separate occasions off the owner's premises, without reasonable cause, may be destroyed as a result of a judgment rendered by a court of competent jurisdiction as specified under Wis. Stats. § 174.02(3). The Village attorney may petition an appropriate court to obtain a court order to destroy such a dog.

Duration of dangerous animal status.

The Chief of Police or the Chief's designee may remove the declaration of dangerous animal upon petition by the owner or caretaker of an animal upon a finding of all of the following:

The owner or caretaker demonstrates that changes in circumstances or measures taken by the owner or caretaker have mitigated the risk to public safety;

(b)

The owner or caretaker demonstrates there have been no additional reported instances of the behavior set forth in Subsection B within a thirty-six-month period from the date of the order declaring the animal dangerous;

(c)

The owner or caretaker provides documentation from an accredited dog training specialist of attending and passing either an animal socialization program offered through the Association of Pet Dog Trainers or the American Kennel Club Canine Good Citizen Program; and

(d)

The Chief of Police or the Chief's designee concludes from all of the evidence presented the animal no longer presents a risk to public safety.

Penalties for violations.

An owner or caretaker of a dangerous animal who fails to comply with the provisions of Subsection D is subject to a forfeiture of not less than $100 nor more than $250 per day.

An owner or caretaker of a dangerous animal who violates Subsection A(1), (3) or (4) is subject to the forfeiture provided for in the cash deposit schedule established under § 1-4.

An owner or caretaker of a prohibited dangerous animal who violates Subsection A(2) is subject to a forfeiture of not less than $250 nor more than $500 per day.

An owner or caretaker of a dangerous or prohibited dangerous animal who violates any other provision of this section is subject to a forfeiture of not less than $25 nor more than $250 per day.

Every day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and expert testimony fees necessitated by enforcement of this section.

Exemptions. The provisions of this section regarding dangerous animals shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.

§ 202-7 Impoundment of animals.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any law enforcement, animal control 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 alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.

Claiming animal; disposal of unclaimed animals. After seizure of animals under the section by a law enforcement, animal control or humane officer, the animal shall be impounded. Such officer shall notify the owner personally or through 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. Animals without collars shall be kept for three days after the posted notice. Animals with collars and/or a license shall be kept for seven days after the posted notice. If the owner does not claim such animal in the time frame described above, the pound master 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 14 days for observation purposes. Within such times the owner may reclaim the animal upon payment of an impoundment fee as established by resolution of the Village Board, plus an additional maintenance fee for each day the animal shall remain in the animal shelter. No animal shall be released from the pound without being properly licensed if so required by state law.

[Amended 6-4-2007]

Sale of impounded animals. If the owner does not reclaim the animal within seven days, the pound master may sell the animal to any willing buyer.

Village not liable for impounded animals. The Village shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.[1]

Editor's Note: Original § 7-1-8, pertaining to dogs and cats in cemeteries, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 240-7D for relevant provisions.

§ 202-8 Duty of owner in case of dog or cat bite.

Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Chief of Police and shall keep such dog or cat confined for not less than 14 days or for such period of time as the Village President shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement, animal control or humane officer upon demand for examination.

§ 202-9 Animal feces.

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.

§ 202-10 Injury to property by animals.

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.

§ 202-11 Barking dogs or crying cats.

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as 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 Village Board or Chief of Police within a four-week period.

§ 202-12 Prohibited and protected animals.

Protected animals.

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 kempi).

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).

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 American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

Exceptions. The provisions of Subsection A above shall not be deemed to prevent the 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 collector's 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.

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 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:

All poisonous animals and reptiles including rear-fang snakes.

Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

Bison (Bison).

Cheetahs (Acinonyx jubatus).

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 (Rhinocero tidae).

(24)

Sharks (class Chondrichthyes).

(25)

Snow leopards (Panthera uncia).

(26)

Tigers (Panthera tigris).

(27)

Wolves (Canis lupus).

(28)

Poisonous insects.

Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses, if:

Their location conforms to the provisions of Chapter 585, Zoning, of the Village Code.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives or resides within 100 feet of the quarters in which the animals are kept.

Farm animals. Cows, horses, pigs, sheep, poultry and other farm animals shall not be kept within the Village limits unless an approved use or a conditional use under Chapter 585, Zoning, of the Code of the Village of Tigerton is obtained.[1]

Editor's Note: Original §§ 7-1-14, 7-1-15 and 7-1-16, pertaining to sale of artificially colored animals; providing proper food and drink to confined animals and providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 410-1 for similar statutory provisions adopted by reference.

§ 202-13 Neglected or abandoned animals.

No person may abandon any animal.

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.

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.

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.

Sections 173.10, Investigation of cruelty complaints, and 173.24, Reimbursement of expenses, of the Wisconsin Statutes are hereby adopted by reference and made a part of this chapter.

§ 202-14 Cruelty to animals and birds 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.

§ 202-15 Trapping of animals.

In the interest of public health and safety, it shall be unlawful for any person in or on land within the Village 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.

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.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as it relates to trapping.

This section shall not apply to trapping within the confines of buildings or homes.

Nothing in this section shall prohibit or hinder the Village or its employees or agents from performing their official duties.

§ 202-16 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.

§ 202-17 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. Animals trained to assist handicapped persons shall be exempt from the provisions of this section.

§ 202-18 Keeping of chickens.

[Added 9-4-2018 by Ord. No. 2018-03[1]]

Permit required. No person shall keep chickens or establish or maintain any henhouse upon any premises in the Village without obtaining a valid permit issued by the Village Clerk.

A permit shall be valid for a period of one year from July 1 through June 30 and may be renewed annually.

The permit process requires submission of a completed application accompanied with a fee as provided in the Village's Fee Schedule and shall include proof of registration with the Wisconsin Department of Agriculture, Trade and Consumer Protection in accordance with Wis. Stats. § 95.51.

A late fee of two times the application fee along with the application fee shall be collected from every owner or keeper of chickens if the owner or keeper fails to obtain a license prior to July 1 of each year or fails to obtain a license prior to acquiring the chickens.

Prior to issuance of a permit, the applicant shall submit to an inspection and demonstrate that all requirements of Subsection B are met.

The holder of a valid permit may keep chickens in accordance with this section notwithstanding any other prohibitions in § 202-12E.

Standards. A permit authorizes the keeping of chickens on a premises, provided the following requirements are met:

No more than 12 hens or pullets are allowed on a premises.

Roosters are prohibited.

Chickens may only be kept on a lot zoned governmental. A permit shall be issued only to the primary owner(s) of record. The property owner(s) shall reside on the premises regulated by the permit.

No slaughter of chickens may occur on the premises or within the Village other than at a licensed meat processing facility.

Chickens may only be kept in a chicken coop or an attached and contiguous run. Between sunrise and sunset, chickens may be allowed outside of the coop into the run. Chickens must be secured within the coop between sunset and sunrise.

The chicken coop or run shall only be located within the rear yard of the premises. A chicken coop and run must be located no closer than 10 feet to any property line and no closer than 25 feet to any principal residential structure on an adjacent lot.

Chicken coops and attached and contiguous runs shall be large enough to provide at least three square feet per chicken and cannot exceed a maximum of 24 square feet in size.

(8)

Chicken coops and runs shall be constructed in a workmanlike manner, be moisture-resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Chicken coops and runs must be secure and impermeable to rodents, wild birds and predators, including dogs and cats, and must be constructed or modified in a fashion to provide a humane environment for the chickens, include adequate ventilation, adequate sun, adequate shade and adequate protection from adverse weather.

(9)

Commercial activity related to the keeping of chickens is prohibited, including fertilizer production and the sale of eggs.

(10)

All food supplies maintained for the chickens must be kept in a secure and rodentproof container.

(11)

All waste generated by the chickens, operation of the coop and run shall be disposed of in a sanitary manner or composted according to best practices.

(12)

The care and handling of chickens shall comply with other provisions of Chapter 202 of this Code, including but not limited to § 202-14, Cruelty to animals and birds prohibited.

Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section. Once a permit is revoked, a permit shall not be reissued.