[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 7, Ch. 1, of the 1997 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter,
unless the context or subject matter otherwise requires:[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 within an automobile
of its owner, or in an automobile of any other person with the consent
of the owner of said dog, 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 warmblooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
A dog or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this 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.
[1]
Editor's Note: Original § 7-1-1(a), License required,
of the 1997 Code, which immediately preceded this paragraph, was repealed
3-17-2015.
A.
Rabies vaccination. The owner of a dog or cat shall have the dog
or cat vaccinated against rabies by a veterinarian within 30 days
after the dog or cat reaches four months of age and revaccinated within
one year after the initial vaccination. If the owner obtains the dog
or cat, brings the dog or cat into the City of Brodhead after the
dog or cat has reached four months of age, the owner shall have the
dog or cat vaccinated against rabies within 30 days after the dog
or cat is brought into the City, unless the dog or cat has been vaccinated
as evidenced by a current certificate of rabies vaccination. The owner
of a dog or cat shall have the dog or cat revaccinated against rabies
by a veterinarian before the date that the 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 10-16-2018 by Ord. No. 2018-004]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog or cat against rabies shall complete and issue to
the owner a certificate of rabies vaccination bearing a serial number
and in the form approved by the City, stating the owner's name
and address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog or cat, the date of the vaccination, the
type of rabies vaccination administered and the manufacturer's
serial number, the date that the immunization expires as specified
for that type of vaccine by the Centers for Disease Control and Prevention
(CDC), United States Department of Health and Human Services and the
City of Brodhead.
[Amended 10-16-2018 by Ord. No. 2018-004]
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 or cat
is revaccinated, whichever occurs first.
[Amended 10-16-2018 by Ord. No. 2018-004]
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 or cat at all times, but this requirement does not apply to a dog or cat during competition or training, to a dog or cat while hunting, to a dog or cat securely confined indoors or to a dog or cat 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 or cat which is not required to be vaccinated under Subsection A.
[Amended 10-16-2018 by Ord. No. 2018-004]
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the City of Brodhead 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 Common Council shall establish the dog license tax in accordance
with § 174.05, Wis. Stats. The license year shall commence
January 1 and end December 31.
[Amended 3-17-2015]
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 178-2 of this chapter, the City Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The City 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 § 178-2E.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the City Clerk-Treasurer upon application therefor.
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 as set by resolution of the Common Council. Upon payment of the required kennel license tax and, if required by the Common Council, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the City 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 following a public hearing and approval by the Plan Commission; the Plan Commission may attach conditions to such approval as a conditional use under Chapter 480, Zoning, of the Code of the City of Brodhead.
[Amended 3-17-2015]
(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.
(3)
The term "kennel" means any establishment wherein or whereon three
or more dogs are kept.
(4)
No kennel license shall be issued to the keeper or operator of a
kennel who fails to provide proper food and drink and proper shelter
for the dogs in said kennel or who neglects or abandons said dogs.
Designated officials shall investigate any complaints regarding the
failure to maintain proper standards or investigate any kennel premises
upon his own initiative. Expressly incorporated by reference in this
section as minimum standards for kennel keepers or operators are the
relevant provisions of Ch. 951, Wis. Stats.
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
City officials without any warrant, and the application for a license
hereunder shall be deemed a consent to this provision. Any refusal
to permit such inspection shall automatically operate as a revocation
of any license issued hereunder and shall be deemed a violation of
this section. Should any kennel be found to constitute a public nuisance,
the license shall be revoked and the nuisance abated pursuant to City
ordinances.
[Amended 3-17-2015]
The City Clerk-Treasurer shall assess and collect a late fee
as set by resolution of the Common Council 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 City shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat not confined, tied, leashed
or muzzled is declared a public nuisance and may be impounded. All
officers shall cooperate in the enforcement of the quarantine. The
City Clerk-Treasurer shall promptly post in at least three public
places in the City notices of quarantine.
B.
Exemption of vaccinated dog or cat from City quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
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 or animal warden
shall order a dog or cat quarantined if the officer has reason to
believe that the animal bit a person, is infected with rabies or has
been in contact with a rabid animal. If a quarantine cannot be imposed
because the dog or cat cannot be captured, the officer may kill the
animal. The officer shall attempt to kill the animal in a humane manner
and in a manner which avoids damage to the animal's head.
(2)
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.
(3)
This subsection does not apply to a dog that is used by a law enforcement
agency and that bites a person while the dog is performing law enforcement
functions if the dog is immunized against rabies as evidenced by a
valid certificate of rabies vaccination or other evidence.
[Added 7-16-2019 by Ord.
No. 2019-004]
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An officer or animal warden 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 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.
(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)
Destruction 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 the applicable county health department. The veterinarian or the
applicable 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 of exposure to any rabies
virus. The Laboratory of Hygiene shall examine the specimen and determine
if the animal was infected with rabies. The State Laboratory of Hygiene
shall notify the City, the veterinarian or the applicable county health
department which prepared the carcass and, if the animal is suspected
to have bitten a person, that person or the person's physician.
[Amended 3-17-2015]
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 City, the Laboratory
of Hygiene, the applicable county health department, the officer involved
and, if the animal is suspected to have bitten a person, the person's
physician.
[Amended 3-17-2015]
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 applicable county is responsible for
these expenses.
[Amended 3-17-2015]
A.
Nuisance or dangerous animals. It shall be unlawful for any person
within the City of Brodhead to own, harbor or keep any dog, cat or
other animal or fowl which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the City.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the City.
(4)
Repeatedly breaks from leash or enclosure and trespasses or defecates
upon property other than that on which the animal is kept.
(5)
Habitually barks, howls, or makes other noise audible beyond the
property upon which the animal is kept during any hour of the day
or night.
(6)
Kills, wounds or worries any domestic animal.
(7)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(8)
In the case of a dog, is unlicensed.
(9)
Otherwise disturbs the peace and quiet of the City of Brodhead.
B.
Vicious dogs and animals.
[Amended 7-16-2019 by Ord. No. 2019-004]
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
subsection, a dog shall be deemed as being of a vicious disposition
if, within any twelve-month period, it bites two or more persons or
animals or inflicts serious injury to one person or one animal in
unprovoked circumstances off the owner's premises.
(2)
No person shall harbor or permit to remain on his/her premises any
animal that is habitually inclined toward attacking persons or domestic
animals, destroying property, barking excessively, making excessive
noises or running after motor vehicles or vulnerable highway users,
as defined by Wisconsin State Statute.
C.
Animals running at large.
(1)
Animals at large. No person having in his possession or ownership
any animal or fowl shall allow the same to run at large within the
City. The owner of any animal, whether licensed or unlicensed, shall
keep his/her animal tied or enclosed in a proper enclosure so as not
to allow said animal to interfere with the passing public or neighbors.
Any animal running at large shall be seized and impounded by a humane
or law enforcement officer or animal warden.
(2)
Dogs to be leashed. Any person residing in the City of Brodhead owning
or having in his/her possession a dog shall keep the same tied and
upon his/her own premises. It is further provided that any dog not
so tied and being upon the public streets and highways shall be contained
by a leash and of such length so that the person holding the leash
shall have complete control of the dog.
(3)
Seizure, impoundment and disposition. Any dog found or discovered running loose and untied or not leashed as provided in this section and § 178-12 shall be considered a private nuisance and may be seized, restrained by physical or chemical means, and impounded by any enforcement officer. The fact that a dog is licensed does not except him/her from the provisions of this subsection. If any such dog is so seized, restrained and impounded and if the owner claims said dog, he/she shall be liable for a City-determined per day or fraction thereof in which the dog has been in possession of said officer besides being subject to either or both of the penalties and costs provided herein. If no person or owner claims such dog, it shall be disposed of by an enforcement officer in a proper and humane manner. Violators of this subsection shall also be subject to a forfeiture as prescribed by this Code.
[Amended 3-17-2015]
D.
Enforcement.
(1)
Except for violators of Subsection C above, upon any written complaint to the Police Department, warnings may be issued to the owner of a dog or other animal engaging in the above conduct that said animal may be in violation of this section.
(2)
Upon any two written complaints in one year by one or more persons, a citation shall be issued to the owner of a dog or other animal engaging in the above conduct, subject to forfeiture as provided in § 178-24.
(3)
Upon any three written complaints by affidavit in one year by one
or more persons, the owner of said dog or other animal, within 10
days after service upon him of the third affidavit, together with
the prior two affidavits, shall remove the offending dog or other
animal from the City or surrender it to the police authorities to
be destroyed, and upon failure to do so, said owner may be summoned
to appear before the Municipal Court.
(4)
Said owner shall, after a finding by the Court that said dog or other animal is in violation of this section, be subject to a forfeiture as provided in § 178-24. Each day that an owner fails to comply with this section shall constitute a separate offense. The burden of proof, however, in any such proceeding shall be upon the complainants, and no such proceeding may be maintained upon such complaints unless the summons shall have been served upon the owner within 40 days after the service of the copy of the third complainant's affidavit as herein before set forth.
E.
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.
A.
Animal control agency.
(1)
The City of Brodhead may contract with or enter into an agreement
with such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The City of Brodhead does hereby delegate to any such animal control
agency the authority to act pursuant to the provisions of this section.
B.
Impounding of animals. In addition to any forfeiture penalty hereinafter
provided for a violation of this chapter, a law enforcement or animal
control officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this City,
assaults or attacks any person, is at large within the City, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies.
C.
Claiming animal; disposal of unclaimed animals.
(1)
Seizure. A police officer or any animal control officer appointed
by the Common Council may attempt to capture and restrain dogs or
other animals running at large or in other violation of this chapter
and shall confine and capture or restrain animals in a suitable dog
pound or other enclosure. After seizure of animals under this section
by a law enforcement or animal control officer, the animal shall be
impounded.
(2)
Retention and disposition of unclaimed animals. All dogs or other
animals apprehended shall be kept for no more than three days at the
dog pound or other enclosure, and if such animal is not claimed by
the rightful owner, representative or keeper within such time, said
animal shall be transmitted to the applicable county humane society
to be handled in accordance with Wisconsin Statutes and the policies
of that facility.
[Amended 3-17-2015]
(3)
Notification. A person who captures or restrains a dog or other animal
shall notify or deliver the dog or other animal to the applicable
county pound or humane society or to any officer within 12 hours of
capture or restraint. Any police officer or City official to whom
a dog or other animal is delivered shall attempt to notify the owner
as soon as possible if the owner is known or can be ascertained with
reasonable effort.
[Amended 3-17-2015]
(4)
Claiming animals. The owner or representative or keeper of any dog
or other animal so confined may reclaim such animal from the Police
Department at any time before transmittal to the applicable county
humane society, if:
[Amended 3-17-2015]
(a)
The owner, representative or keeper gives his or her name and
address.
(b)
The owner, representative or keeper presents evidence that the
dog is licensed and presents evidence that the dog is vaccinated against
rabies or a receipt from a licensed veterinarian for repayment of
a rabies inoculation.
(c)
The owner, representative or keeper pays the cost of apprehending,
boarding fees, necessary medical treatment and impounding fees, if
any.
(5)
Payment of costs. Payment of costs and charges shall be made to the
City of Brodhead and may be paid directly through the Brodhead Police
Department. Upon identification of the owner of a dog or other animal
so apprehended or confined, all City costs and charges shall be billed
to said owner.
D.
City not liable for impounding animals. The City and/or its animal
control agency shall not be liable for the death of any animal which
has been impounded or disposed of pursuant to this section.
A.
If any animal, for which the owner holds a current rabies certificate,
is involved in a bite or a scratch incident, the owner shall isolate
and confine the animal, under the supervision of a licensed veterinarian,
for at least 10 days from the date of the incident. Supervision of
a veterinarian includes, at a minimum, examination of the animal on
the first day, on the tenth day, and on one intervening day. If the
animal is confined at the residence of the owner, it must not be allowed
to come in contact with other animals or people. It cannot be left
unattended outside.
B.
The animal can be taken outside of the residence only to relieve
itself, under restraint and under the supervision of an adult.
C.
Any animal involved in a bite or scratch incident that has not been
vaccinated, or has not been revaccinated within the prescribed times,
must be confined at a veterinary hospital under the supervision of
a veterinarian for 10 days.
D.
Under no circumstances can the owner sell, give away, or destroy
the animal until it has been released by a licensed veterinarian after
the ten-day confinement (quarantine) period.
[Amended 10-14-2002]
A.
Keeping of animals prohibited. It shall be unlawful to keep, harbor,
own or in any way possess within the corporate limits of the City
of Brodhead:
A.
Removal of fecal matter.
(1)
The owner or person in charge of any dog, cat, horse or other animal
shall not permit solid fecal matter of such animal to deposit on any
street, alley or other public or private property, unless such matter
is immediately removed therefrom by said owner or person in charge.
This section shall not apply to a person who is visually or physically
handicapped.
(2)
No person owning, keeping, possessing or harboring an animal as a
pet shall allow such animal to dig upon, soil, defile, defecate on
or commit any nuisance on any private or public property. The person
responsible for such animal must immediately repair and reconstruct
any such digging effects upon such property.
(3)
Any person causing or permitting an animal to be on any property,
public or private, not owned or occupied by such person shall have
in his immediate possession a device or object suitable for removal
of excrement and a depository for the transmission of excrement to
the property owned or occupied by such person.
(4)
This section shall not apply to the private property of the owner
or person in charge of any dog, cat, horse or other animal.
B.
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of any dog or cat must also prevent accumulation
of animal waste on his own property by regularly patrolling and properly
disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
[1]
Editor’s Note: Former § 178-12, Animals in parks
and cemeteries, as amended 3-17-2015, was repealed 7-16-2019 by Ord.
No. 2019-004.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the City any of the
following animals, alive or dead, or any part or product thereof:
all wild cats of the family felidae, polar bear (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 (chelonian mydas), Mexican ridley
turtle (lepidochelys kernpi).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this City any part of the
plumage, skin or dead body of any species of hawk, owl or eagle. This
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.
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 City any poisonous reptile or any other dangerous or carnivorous
wild animal, insect or reptile, any vicious or dangerous domesticated
animal or any other animal or reptile of wild, vicious or dangerous
propensities. Specifically, it shall be unlawful for any person to
keep, maintain or have in his possession or under his control within
the City any of the following animals, reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang snakes.
(2)
Apes: chimpanzees (pan); gibbons (hylobates); gorillas (gorilla);
orangutans (pongo); ans siamangs (symphalangus).
(3)
Baboons (papoi, mandrillus).
(4)
Bears (ursidae).
(5)
Bison (bison).
(6)
Cheetahs (acinonyx jubatus).
(7)
Crocodilians (crocodilia), 30 inches in length or more.
(8)
Constrictor snakes.
(9)
Coyotes (canis latrans).
(10)
Deer (cervidae); includes all members of the deer family; for
example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (elephas and loxodonta).
(12)
Ferret.
(13)
Game cocks and other fighting birds.
(14)
Hippopotami (hippopotamidae).
(15)
Hyenas (hyaenidae).
(16)
Jaguars (panthera onca).
(17)
Leopards (panthera pardus).
(18)
Lions (panthera leo).
(19)
Lynxes (lynx).
(20)
Monkeys, old world (cercopithecidae).
(21)
Ostriches (struthio).
(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.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
A.
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.
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.
C.
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.
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.
B.
The food shall be sufficient to maintain all animals in good health.
C.
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.
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.
Indoor standards. Minimum indoor standards of shelter shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)
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)
Shelter from inclement weather.
(a)
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)
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.
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)
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)
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.
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.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement or animal control officer may remove, shelter
and care for an animal found to be cruelly exposed to the weather,
starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person
to be sheltered, cared for and given medical attention, if necessary.
In all cases, the owner, if known, shall be immediately notified,
and such officer, or other person having possession of the animal,
shall have a lien thereon for its care, keeping and medical attention
and the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.
(4)
Whenever, in the opinion of any such officer, an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of cruelty complaints, and § 173.24,
Reimbursement for expenses, Wis. Stats., are hereby adopted by reference
and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner
of such animal cannot be located, the City or any animal control agency
with whom the City has an agreement or contract shall have the authority
to take custody of such animal for the purpose of providing medical
treatment, and the owner thereof shall reimburse the person or organization
for the costs of such treatment.
A.
Acts of cruelty prohibited. No person except a law enforcement or
animal control officer in the pursuit of his duties shall, within
the City, shoot or kill or commit an act of cruelty to any animal
or bird or disturb any bird's nests or bird's eggs.
B.
Leading animal from motor vehicle. No person shall lead any animal
upon a City street from a motor vehicle or from a trailer or semitrailer
drawn by a motor vehicle.
C.
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.
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.
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.
A.
Purpose. The keeping of a large number of dogs and cats within the
City of Brodhead for a considerable period of time detracts from and,
in many instances, is detrimental to healthful and comfortable life
in such areas. The keeping of a large number of dogs and cats is,
therefore, declared a public nuisance.
B.
Number limited.
(1)
No person or family shall own, harbor or keep in its possession more
than three dogs and three cats in any residential unit without the
prior issuance of a kennel license by the Common Council, except that
a litter of pups or kittens or a portion of a litter may be kept for
not more than 10 weeks from birth.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on City-owned land within the City of Brodhead,
to set, place or tend any trap for the purpose of trapping, killing,
catching, wounding, worrying or molesting any animal, except by use
of live box-type traps only. "Live box-type traps" shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.
B.
This section shall prohibit the use of all traps other than live
traps as described above, including, but not limited to, traps commonly
known as "leg traps," "pan-type traps" or other traps designed to
kill, wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with Ch. 29, Wis.
Stats., as they relate to trapping.
D.
This section shall not apply to trapping on private property.
E.
Nothing in this section shall prohibit or hinder the City of Brodhead
or its employees or agents from performing their official duties.
A.
It shall be unlawful for any person to establish or maintain any
hive, stand or box where bees are kept or keep any bees in or upon
any premises within the corporate limits of the City, unless the bees
are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
(2)
If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be provided on the
said premises.
(4)
The bees and equipment shall be kept in accordance with the provisions
of state law.
B.
Nothing in this section shall be deemed or construed to prohibit
the keeping of bees in a hive, stand or box located within a school
or university building for the purpose of study or observation.
A.
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.
License required/fee. It is unlawful for any person, party, firm
or corporation to keep or maintain within the City of Brodhead limits
a Vietnamese potbellied pig without first having obtained a license
from the City 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 set by resolution of the Common Council. Excepted
from the license requirement is any law enforcement agency or agency
under contract with the City to care for stray or unwanted animals.[1]
C.
License/application.
(1)
Any applicant for a license or renewal thereof under this section
shall file with the City Clerk-Treasurer a fully executed application
on a form prescribed by the City Clerk-Treasurer, accompanied by the
annual license fee.
(2)
No licenses or renewal thereof shall issue hereunder until:
(a)
A certificate of purebred registration is filed with the City
Clerk-Treasurer.
(b)
There has been an inspection by a City law enforcement officer
or the Building Inspector of the premises being licensed and a determination
by said Inspector that all requirements of this section, and other
applicable general and zoning ordinances, have been met.[2]
(c)
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(3)
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)
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any City personnel requesting to examine
it and having authority to enforce this section.
(5)
Only one Vietnamese potbellied pig may be at any premises.
D.
License requirements. Licensees shall comply with the following as
a condition of obtaining and maintaining a license:
(1)
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)
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)
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)
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 animal's health.
(5)
An effective program for the control of insects, ectoparasites, avian
and mammalian pests shall be established and maintained where a problem.
(6)
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)
Animals may not be permitted to exceed 100 pounds in weight.
(8)
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)
The animal's weight.
(b)
The animal has received all recommended vaccinations and boosters.
(c)
The animal is asymptomatic respecting disease or has a disease
which is not contagious and is receiving appropriate treatment.
(d)
The animal's tusks, if any, have been removed or trimmed
so as not to endanger any person or animal.
(e)
The animal has passed a pseudo-rabies test administered in accordance
with applicable state regulations.
(9)
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)
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.
Suspension, revocation or denial of renewal of license. The Chief
of Police shall have the right to suspend or revoke any license once
granted or deny annual renewal thereof when it appears that any licensee
has violated any of the provisions of this section or any ordinance
of the City or law, rule or regulation of the State of Wisconsin involving
cruelty or mistreatment of the animal or the unlawful possession of
the animal. Prior to the suspension or revocation of any license or
the denial of an application for a renewal thereof, written notice
of the reason for such action shall be given to the applicant or licensee
by the officer. Such notice shall state that the applicant may pursue
an appeal to the Common Council by filing a request within 10 days
of such notice.
A.
FANCY PIGEON
LOFT
MATURE PIGEON
OWNER
PIGEON
RACING PIGEON
SPORTING PIGEON
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates a different
meaning is intended:
A pigeon which, through past breeding, has developed certain
distinctive physical and performing characteristics as to be clearly
identified and accepted as such by the National Pigeon Association,
the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples:
fantails, pouters, trumpeters.
The structure for the keeping or housing of pigeons.
A pigeon aged six months or older.
The owner of a pigeon or pigeons.
A member of the family columbidae, and shall include racing
pigeons, fancy pigeons and sporting pigeons, as defined in this section.
A pigeon which, through selective past breeding, has developed
the distinctive physical and mental characteristics as to enable it
to return to its home after having been released a considerable distance
therefrom, and which is accepted as such by the American Racing Pigeon
Union, Inc., or the International Federation of Racing Pigeon Fanciers;
also commonly known as a "racing homer," "homing pigeon" or "carrier
pigeon."
A pigeon which, through selective past breeding, has developed
the ability to fly in a distinctive manner, such as aerial acrobatics
or endurance flying. Examples: rollers, tippers.
B.
Conditions for keeping of pigeons. The keeping, breeding, maintenance
and flying of pigeons shall be permitted, on the following conditions:
(1)
The loft shall be of such sufficient size and design, and constructed
of such material, that it can be maintained in a clean and sanitary
condition.
(2)
There shall be at least one square foot of floor space in any loft
for each mature pigeon kept therein.
(3)
The construction and location of the loft shall not conflict with
the requirements of any building code or zoning code of the City of
Brodhead.
(4)
All feed for said pigeons shall be stored in such containers as to
protect against intrusion by rodents and other vermin.
(5)
The loft shall be maintained in a sanitary condition and in compliance
with all applicable health regulations of the City.
(6)
All pigeons shall be confined to the loft, except for limited periods
necessary for exercise, training and competition, and at no time shall
pigeons be allowed to perch or linger on the buildings or property
of others.
(7)
All pigeons shall be fed within the confines of the loft.
(8)
No one shall release pigeons to fly for exercise training or competition
except in compliance with the following rules:
(a)
The owner of the pigeons must be a member in good standing of
an organized pigeon club, such as the American Racing Pigeon Union,
Inc., the International Federation of Racing Pigeon Fanciers, the
National Pigeon Association, the American Tippler Society, the International
Roller Association, the Rare Breeds Pigeon Club, or a local club which
has rules that will help preserve the peace and tranquility of the
neighborhood.
(b)
Pigeons will not be released for flying which have been fed
within the previous four hours.
(9)
No owner may have more than 20 pigeons in a residentially zoned area.
A.
Any person violating § 178-16, 178-17, 178-18, 178-19, 178-20, 178-21, 178-22 or 178-23 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the City Attorney to apply to 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 § 178-1, 178-2, 178-3, 178-4 or 178-5 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 § 178-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the applicable county jail until such forfeiture and costs are paid, but not exceeding 60 days.[1]
D.
Each day that a violation of this chapter continues shall be deemed
a separate violation. Any dog found to be the subject of a violation
of this section shall be subject to immediate seizure, impoundment
and removal from the City by City officials in the event the owner
or keeper of the dog fails to remove the dog from the City. In addition
to the foregoing penalties, any person who violates this chapter shall
pay all expenses, including shelter, food, handling and veterinary
care necessitated by the enforcement of this chapter.
