City of Waterloo, WI Chapter 126 Animals

[HISTORY: Adopted by the Common Council of the City of Waterloo 1-16-2014 by Ord. No. 2014-01.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 261.

Parks and recreation — See Ch. 273.

Peace and good order — See Ch. 278.

[1] Editor's Note: This ordinance also repealed former Ch. 126, Animals, adopted 10-19-1987 by Ord. No. 87-6 as §§ 9.10, 9.11, 9.13, 12.11 and 12.15 of the 1987 Code, as amended.

§ 126-1 Animals and fowl running at large prohibited.

No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the City.

§ 126-2 Keeping of poultry and livestock.

No person shall keep or maintain any poultry or fowl or any livestock, such as horses, cattle, sheep or goats, in any zoning district except agricultural districts, except that ponies and horses may be permitted in any residential district as a conditional use, provided that the residential parcel contains at least two acres of land which is designated "floodplain" per animal available for pasture, maintenance or running of said animal, and further provided that any such animals are contained within a fence, no part of which is closer than 200 feet to any residence other than the residence of the owner of the animals.

§ 126-3 Nuisances by pets; removal of excrement.

A. Pet littering prohibited. 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.

B. Repair and removal required. Any person owning or having control of an animal kept as a pet on any property, public or private, which is not owned or occupied by such person shall promptly remove, in a sanitary manner, excrement left by such animal and place it in a proper receptacle or bury the same on property owned or occupied by such person, and, to the extent any such pet may have littered or damaged property as described in Subsection A above, the person having control of said animal shall immediately repair and restore the area damaged by such pet.

C. Means of transmittal required. 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 (pooper scooper) together with a depository for the transmission of excrement to the property owned or occupied by such person.

D. Penalty. The owner of any pet, as well as persons keeping, possessing, harboring or having control of any such pet at the time a violation of this section occurs, shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, § 1-4, of this Code.

§ 126-4 Regulation and licensing of dogs.

A. Dog license required. It shall be unlawful for any person in the City to own, harbor or keep any dog more than five months of age without complying with the provisions of this section and §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

B. License fee. The license fee for a dog shall be as stated in the City of Waterloo Fee Schedule. If the dog becomes five months of age after July 1, 1/2 of the fee shall be charged.[1]

[1] Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.

C. Late fees. The Clerk-Treasurer shall assess and collect a late fee, as stated in the City of Waterloo Fee Schedule, from every owner of a dog five months of age or older 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 before the dog reached licensable age.

D. Kennel license option. The owners of kennels may opt to pay a kennel license fee as stated in the City of Waterloo Fee Schedule in lieu of the fees provided in Subsection B above, and the Clerk-Treasurer shall issue tags for each dog owned by the kennel owners. No kennel may be located in a residential district.

E. Rabies vaccination required. It shall be unlawful for any person to keep a dog in the City which is over five months of age and has not received a rabies vaccination as required by § 95.21(2), Wis. Stats. No dog license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed dogs at all times, except as provided in § 95.21(2)(f), Wis. Stats.

F. Definitions. In this section, unless the context or subject matter otherwise requires, the terms used shall be defined as follows:

AT LARGE

No person shall allow any animal to run at large on or off the property of the owner, unless it is controlled by a leash not to exceed 10 feet or said person is able to control that animal on the owner's property without a leash. A dog at large on the property of another with consent of that owner shall have the same requirements as if it is on the owner's property. If control on the owner's property, or another's property with consent, is voice control, the owner or a person of suitable age and discretion to exercise control must be present and able to control it.

KENNEL

Any establishment wherein dogs are kept for the purpose of boarding, breeding, sale or sporting purposes.

OWNER

Owning, possessing, harboring or keeping a dog, no matter the duration.

G. Restrictions on keeping of dogs. It shall be unlawful for any person within the City to own, harbor or keep any dog which:

(1) Habitually pursues vehicles upon any street, alley or highway.

(2) Molests passersby or assaults or attacks any person without provocation.

(3) Is at large within the limits of the City.

(4) Habitually barks or howls to the annoyance of any person or persons. This subsection shall not apply to hospitals conducted for the treatment of small animals or to the premises occupied or used by the City Pound.

(5) Kills, wounds, or worries any domestic animal.

(6) Urinates or defecates on public property or other private property. In the event the animal defecates on another's land or any public right-of-way, the owner shall immediately remove the feces in a sanitary manner.

(7) Has been deemed to be a vicious animal in another jurisdiction.

(8) Is attached to a vehicle or bicycle while it is in motion.

(9) Damages property of another without consent.

H. Dogs running at large and untagged dogs.

(1) Dogs running at large. A dog is considered to be running at large if it is not under the control of the owner or some other person, as defined in Subsection F above.

(2) Untagged dogs. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.

(3) Dogs subject to impoundment. Police officers shall attempt to capture and restrain any dog running at large and any untagged dog.

(4) Penalties. If the owner of a dog, negligently or otherwise, permits the dog to run at large, or permits a dog to be untagged, the owner shall forfeit $30 for the first offense and $50 for subsequent offenses within a twelve-month period.

I. Impounding and disposition of dogs.

(1) Impounding of dogs. A police officer or other person restraining a dog running at large shall take such animal to the City Pound. The police officer shall attempt to identify and notify the owner and shall keep a public record of all such dogs impounded.

(2) Release of dog to owner or representative. The police officer may release the dog to the owner or his representative if:

(a) The owner or representative gives his name and address.

(b) The dog is licensed and vaccinated against rabies.

(c) The owner or representative pays the dog's intake fee and the boarding fee in the amounts as stated in the City of Waterloo Fee Schedule.

(3) Release of dog to person other than owner. If the owner of the dog is unknown or does not reclaim the dog within seven days, the police officer may release the dog to a person other than the owner if such person:

(a) Gives his name and address.

(b) Signs a statement agreeing to license the dog and have the dog vaccinated against rabies.

J. Number of dogs per household limited. No person, except a kennel licensee, shall own, harbor or keep more than three dogs that are more than five months of age, except in a place or places where animals are impounded or restrained, as specified in this section. If a total of more than three dogs is owned, harbored or kept in or by any one household, the head of the household shall be deemed the person so owning, harboring or keeping such animals, notwithstanding that the dog license or licenses may be issued to other members of the household as owners of such dogs.

K. Penalties. In addition to other penalties provided in this section, a dog owner who fails to have a dog vaccinated against rabies, as provided in this section, shall, upon conviction, forfeit not less than $50 nor more than $100.

§ 126-5 Animal bites; quarantine; setting animals at large.

A. Duty to report animal bite. Every person, including the owner or person harboring or keeping a dog, cat or other animal, who knows that such animal has bitten any person shall immediately report such fact to the Police Department.

B. Quarantine or sacrifice of animals suspected of biting a person or being infected with rabies.

(1) Quarantine or sacrifice of animal. A police officer may order a dog, cat or other animal quarantined if he has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If quarantine cannot be imposed because the animal cannot be captured, the officer may kill the animal. The officer may kill an animal 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.

(2) Quarantine order. If a quarantine is ordered, the owner of the dog, cat or other animal shall be subject to the provisions of § 95.21(5), (6) and (8), Wis. Stats.

C. Setting animals at large prohibited. No person shall open any door or gate of any private premises for the purpose of setting any dog, cat or other animal at large, except the owner of such animal.

D. Refusal to comply with quarantine order. An owner of a dog, cat or other animal who refuses to comply with an order issued under this section to deliver the animal to a police officer, the pound designated by the Council, or veterinarian, or who does not comply with the conditions of an order that the animal be quarantined, shall, upon conviction, forfeit not less than $100 nor more than $1,000 and, on default, be imprisoned for not more than 60 days pursuant to § 95.21(10)(b), Wis. Stats.

§ 126-6 Keeping of vicious dogs.

A. Definitions. The terms used in this section are defined as follows:

VICIOUS DOG

(1) Any dog with a propensity, tendency or disposition to attack, cause injury or otherwise endanger the safety of human beings or other domestic animals, as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.

(2) Any dog which attacks a human being or another domestic animal without provocation.

(3) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

(4) Any dog that damages property of another without consent.

B. Requirements and prohibitions.

(1) Leash and muzzle. No person owning, harboring or having the care of a vicious dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts and buildings. A vicious dog on a leash outside the dog's kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the Police Chief.

(2) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(1) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the City. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3) Confinement indoors. No vicious dog may be kept on a porch or patio or in any part of a house or structure that would allow the dog to exit the building on its own volition. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(4) Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.

(5) Signs. All owners, keepers or harborers of vicious dogs shall, within 15 days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." A similar sign is required to be posted on the kennel or pen of the dog.

C. Vicious dog determination. The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection A above. In the event the Police Chief makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.

D. Appeal of vicious dog determination. Any person aggrieved by the determination of the Police Chief, as provided in Subsection C above, may appeal such determination as provided in Chapter 6 of this Code.

E. Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection C above, or 10 days after an unsuccessful appeal under Subsection D above, the owner of a vicious dog shall either comply with all provisions of this section or dispose of such dog.

F. Disposition of vicious dogs. Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a police officer or humane officer when, in the judgment of a court of competent jurisdiction, the dog represents a continuing threat of serious harm to human beings or domestic animals.

G. Penalty. Any person who violates any provision of this section shall, upon conviction, be subject to the payment of a forfeiture as provided in Chapter 1, § 1-4, of this Code. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.

§ 126-7 Violations and penalties.

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided. First offense shall be a forfeiture of $50 plus court costs and penalty assessments. Second offense shall be a forfeiture of $100 plus court costs and penalty assessments. Third and subsequent offenses shall be a forfeiture of $200 plus court costs and penalty assessment.

§ 126-8 Keeping of Vietnamese potbellied pigs.

[Added 8-7-2014 by Ord. No. 2014-06]

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

CAREGIVER

Any person who, in the absence of the owner, temporarily harbors, shelters, keeps, or is in charge of caring for a potbellied pig.

VETERINARIAN and LICENSED VETERINARIAN

A person that has graduated from an accredited college of veterinary medicine and is licensed to practice veterinary medicine in the State of Wisconsin.

VIETNAMESE POTBELLIED PIG and POTBELLIED PIG

Purebred Vietnamese potbellied pigs kept indoors as domesticated household pets.

B. Ownership of one Vietnamese potbellied pig is allowed, on the owner's premises, as long as all of the following requirements are met:

(1) The animal is neutered/spayed by no more than three months of age.

(2) A license is obtained through the Municipal Clerk's office. To obtain a license, all of the following criteria must be met:

(a) The animal has been examined by a licensed veterinarian within a period of 30 days prior to a new, or renewal, license application being filed.

(b) The animal has received all required and recommended vaccinations and boosters, including rabies, and the animal is healthy and free of contagious disease.

(c) A veterinarian has provided a signed certificate stating he/she has examined the animal; has given the required vaccinations; and has removed or trimmed the animal's tusks, if any, as to not endanger any person or animal.

(d) The animal is registered through the North American Potbellied Pig Association (NAPPA). A completed, and approved, registration certificate or form must be submitted to the Clerk's office when applying for a license.

C. Licensing. It shall be unlawful for any person to keep a Vietnamese potbellied pig in the City which has not received a current rabies vaccination and is unlicensed.

D. Applicability. Sections 126-3, 126-4F, G, H, and I, 126-5, and 126-6 shall be applicable to Vietnamese potbellied pig ownership, with the exception that potbellied pigs are not allowed off leash, on public or private property, except in the owner's or caregiver's fenced-in yard.

E. Prohibited activities. Commercial activities, such as breeding and selling, of Vietnamese potbellied pigs is prohibited.

F. Penalties. If a violation of any of the above in this section occurs, the same penalties as stated in § 126-7 shall apply to Vietnamese potbellied pig ownership.