[Adopted 7-15-2014[1]]
[1]
Editor's Note: This ordinance superseded former Art. III,
Licensing and Control of Dogs, adopted as § 5.0 of the 2000 Code.
A.
License required.
(1)
Every person residing in the Village who owns a dog which is more
than five months of age on January 1 shall annually at the time and
in the manner prescribed by law for the payment of personal property
taxes obtain a license therefor.
(2)
Every person in the Village residing in the R-2, R-2-R or R-3 Single-Family
Zoning Districts who owns one or more chickens shall secure an annual
license in the same manner as required for dogs, except that the license
shall be required regardless of the age of the chickens. The license
and associated fee are to keep chickens and not a "per chicken" license.
[Amended 6-7-2016 by Ord.
No. 06-2016]
(a)
Initial license applications. All applicants must receive and
provide written approval from the owner and occupant(s) of all neighboring
residentially used properties within 100 feet of the applicant's property
lines, exclusive of street rights-of-way. The applicant shall contact
neighboring property owners and occupants and provide to said parties
information required for the license in order that said parties may
be informed as to the requirements and regulations applicable to the
keeping of chickens. No initial license application for the keeping
of chickens may be considered unless said approvals have been obtained
and presented. This provision shall only apply for approval of the
initial license application and not for renewal of consecutive licenses.
In cases where the license lapses by more than 30 days, any application
shall be considered an initial application.
B.
Fees. The license fees will be as determined by resolution of the
Village Board.
[Amended 6-7-2016 by Ord.
No. 06-2016]
C.
State law adopted. Chapter 174, Wis. Stats., pertaining to licensing
of dogs, is made part of this section by reference.
[Amended 1-6-2015 by Ord. No. 01-2015; 6-7-2016 by Ord. No. 06-2016; 7-20-2021 by Ord. No. 2021-12; 5-2-2023 by Ord. No. 2023-08]
A.
No person shall own, harbor, or keep in his possession more than
two dogs on property zoned residential, with the exception that a
litter of pups, or a portion of a litter, may be kept for not exceeding
12 weeks from birth on a parcel consisting of 2 1/2 acres or
less. On parcels more than 2 1/2 acres in size, no person shall
own, harbor, or keep in his possession more than five dogs on property
zoned residential, with the exception that a litter of pups, or a
portion of a litter, may be kept for not exceeding 12 weeks from birth.
B.
A person seeking a variance in the number of dogs allowed in Subsection A above, for parcels consisting of 2 1/2 acres or less, may do so by submitting a form designated by the Village. The variance may be granted by the Chief of Police or his or her designee.
(1)
In no event shall the number of dogs in a dwelling unit exceed four.
(2)
All dogs must be properly licensed with the Village.
(3)
The Chief of Police shall consider whether there have been any complaints
of any violation of this article against the owner or property owner
in all variance requests. Such variance may be subject to conditions
as deemed appropriate by the Chief of Police.
(4)
The variance may be revoked by the Chief of Police if any condition
specified in the variance is not met. The variance may also be revoked
by the Chief of Police if a complaint regarding violation of this
article is received after the variance is granted.
(5)
All decisions to deny a variance request or revoke a previously granted
variance may be appealed to the Village Board if written notice of
appeal is received by the Village Administrator within 14 days of
receipt of the revocation notice. The Board shall consider the appeal
at its next regularly scheduled meeting.
(6)
There shall be no variances allowed in the maximum number of chickens.
C.
For the purpose of determining the size of a property for the regulation of the number of dogs permitted, adjoining parcels owned by the same person may be combined to determine the total acreage for regulation purposes as described in Subsection A above.
D.
If a person owns, harbors or keeps more than the allowable number of dogs under Subsection A above at the time the ordinance establishing the limit is passed, they shall not be required to remove any dogs from the property, but will not be able to replace any dog, after they are no longer owned, harbored or kept on the property permanently, until the person is in compliance with the ordinance.
E.
No person in the Village residing in the R-2, R-2-R or R-3 Single-Family
Zoning Districts shall own, harbor or keep in his or her possession
more than six chickens. For the purposes of this section, a "chicken"
shall be defined as a domestic hen or pullet of the subspecies Gallus
gallus domesticus. No roosters are allowed.
A.
No person shall own, harbor or keep a dog which runs at large. Any
dog not on a leash, nor within the property limits of its owner or
keeper, is declared to be "at large," and is declared to be a public
nuisance. A "leash" shall be defined as a chain, cord or rope which
is not more than 10 feet in length and which is of sufficient strength
to control the actions of the animal. Any police officer, humane officer
or other designated public official of the Village may enter any premises,
except that premises of the owner or keeper of such animal, and capture,
by any reasonable and necessary means, such animal.
B.
A dog that is actively engaged in a legal hunting activity, including
training, is not considered to be running at large if a dog is monitored
or supervised by a person and the dog is on land that is open to hunting
or on land on which the person has obtained permission to hunt or
to train a dog.
C.
No person in the Village residing in an R2 - Single-Family Zoning
District shall own, harbor or keep a chicken which runs at large.
Any chicken not secured within a fenced enclosure or equivalent within
the property limits of its owner or keeper is declared to be "at large,"
and is declared to be a public nuisance.
[1]
Editor’s Note: Former § 102-14, Mad or vicious
dogs prohibited, was repealed 5-7-2019 by Ord. No. 2019-07.
[Amended 1-6-2015 by Ord. No. 01-2015]
If any dog is suspected of having rabies, the police may follow
the prescribed procedures found in Wis. Stats. § 95.21 to
take possession of the dog.
B.
Any person wishing to reclaim a dog so impounded from the animal
shelter must pay the above charges against such dog.
C.
Any dog not claimed within seven days may be disposed of by the Village
or given, upon payment of the fees imposed for the impounding of such
animal, to any person wishing to accept such animal.
A.
"Owner" shall include any person owning, harboring, or keeping a
dog in the Village.
B.
Every dog owner shall have any dog over five months old inoculated
with an anti-rabic vaccine by a veterinarian every three years.
[Amended 1-6-2015 by Ord. No. 01-2015]
C.
Each veterinarian after inoculating a dog shall give a certificate
of inoculation to the owner of the dog, who shall mail or deliver
a copy to the Village Clerk-Treasurer within five days after inoculation.
[Amended 1-6-2015 by Ord. No. 01-2015]
D.
No person shall own, harbor or keep any dog which has not been inoculated
as provided herein.
E.
In addition to the penalties hereafter provided for a violation of
this subsection, any police officer, humane officer or Health Officer
of the Village may impound any dog which has not been inoculated as
required. Such dog shall not be released until proof has been furnished
to the police officer, humane office or Health Officer that the dog
has been inoculated with an anti-rabic vaccine. After such dog has
been so impounded for seven days without having been reclaimed by
its owner or anyone on behalf of such owner, the dog shall be destroyed
under the direction of a police officer, humane officer or Health
Officer.
A.
Any police officer, humane officer, or Health Officer may impound
in the animal shelter any dog found in violation of this section.
B.
Notice of impounding shall be given to the owner of the dog, if known,
by the person or officer in possession of the dog, within 24 hours
of impounding.
C.
Any person, police officer, humane officer or Health Officer who
shall kill or impound any dog shall make a report to the Village Clerk-Treasurer
stating when and under what conditions he seized, killed or impounded
such dog and the owner's name if known.
[Amended 1-6-2015 by Ord. No. 01-2015]
Violations of this article shall be subject to the penalties provided in § 1-3. Each day of continuing violation shall constitute a separate offense.
A.
The Village of Hobart may revoke or may refuse any license required by this article upon the conviction of any two offenses of provisions contained in Article II or III of this chapter not classified as animal cruelty or for any offense classified as animal cruelty as defined in § 102-10B(2).
B.
Upon license revocation or refusal, status may be restored by submitting
a petition to the Village Board identifying what measures have been
taken to correct the concerns resulting in citation issuance, and
securing approval from the Village Board to restore license status.
