City of Watertown, WI Article III Keeping of Domestic Animals

[Adopted by Ord. No. 01-38 (§ 10.10 of the former City Code)]

§ 228-6 Definitions.

[Amended 11-16-2021 by Ord. No. 21-42]

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

CAT

Any domestic feline, regardless of age or sex.

DOG

Any domestic canine, regardless of age or sex.

DOMESTIC ANIMAL

Includes domestic canines, domestic felines, domestic rabbits, domestic rodents, domestic reptiles, domestic arachnids, domestic weasels, domestic marsupials, domestic erinaceidae, and domestic birds.

WILD, DANGEROUS OR UNDOMESTICATED ANIMAL

That which is not of a species customarily used as an ordinary household pet, an animal that would ordinarily be confined to a zoo, is on the Wisconsin DNR or the U.S. Fish and Wildlife Service list of threatened or endangered species, one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. This shall include, but not be limited to, all venomous animals (excluding bees), including snakes and constrictor snakes six feet in length or more.

B. The definitions listed above shall not be construed to impact agricultural land uses under § 550-50 or keeping and raising of chickens under § 550-56X.

§ 228-7 Legislative intent.

The Common Council of the City of Watertown hereby finds that the keeping of an unlimited number of domestic animals in the City for a period of time will adversely affect sanitary conditions and the health and safety of its occupants and the general public. Therefore, the keeping of an unlimited number of domestic animals is declared to be a public nuisance.

§ 228-8 Nonconforming use.

Any person who becomes nonconforming with respect to the requirements set forth in § 228-9 may continue to keep those dogs which that person had licensed in the City of Watertown prior to the effective date of this article. This nonconforming use exemption shall be valid while the person resides on the property listed on the license, and so long as the dogs licensed on the effective date have not been replaced with additional dogs that would cause the owner to remain in noncomformity with this article.

§ 228-9 Limitations.

A. It shall be unlawful for any person or persons to keep more than 10 rabbits, guinea pigs, hamsters, rats, mice, gerbils, ferrets, chinchillas, iguanas, birds, turtles or snakes, with the exceptions to snakes noted above, or any combination of these animals totaling more than 10, within the City. A litter or a portion of a litter of these animals may be kept for a period of time not to exceed one month from weaning.

B. It shall be unlawful for any person or persons to keep more than four dogs or more than five cats within the City, with the exception that a litter of pups or litter of kittens or a portion of litter may be kept for a period of time not exceeding four months from birth.

C. It shall be unlawful for any person or persons to keep more than 10 animals as defined at § 228-6, or more than 10 animals including any animal not defined in § 228-6 but allowed pursuant to this section, at the same residence.

D. It shall be unlawful for any person, other than an owner of a licensed pet shop, zoo or circus, to harbor, keep, maintain or have in his or her possession a wild, dangerous or undomesticated animal within the Watertown City limits.

E. Pigs, goats, ducks, doves, geese, turkeys and pheasants shall not be kept in the City except for school-related educational purposes or as part of a licensed pet shop, zoo, petting zoo or circus.

[Amended 10-20-2015 by Ord. No. 15-36]

§ 228-10 Exceptions.

A. An annual written permit for the keeping of pigs, goats, chickens, ducks, doves, geese, turkeys and pheasants for school-related educational purposes or as part of a licensed pet shop, zoo, petting zoo or circus may be obtained from the Health Officer, who shall issue a permit only after inspection of the premises where the animal or animals are to be kept and a determination is made that no nuisance or other ordinance or statutory violation will be created thereby.

B. A permit shall be required for any animal(s) not listed herein in the definitions of "domestic animal," "dog" and "cat" in § 228-6. Such permit shall be obtained by submitting a written request for the permit to the Health Officer. The Health Officer may require an annual inspection of the premises where the animal or animals are to be kept. If a determination is made that no nuisance will be created thereby and said animal is not considered a wild, dangerous or undomesticated animal as defined herein, any inspection will be at the discretion of the Health Officer. The cost of obtaining or renewing such permit shall be as set by the Common Council and provided under separate fee schedule, provided no inspection is required. In the event that an inspection is required by the Health Officer, an additional fee shall be required to cover the time and expense related to the inspection.[1]

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

C. Any person owning domestic animals as defined in the definitions of "domestic animal," "dog" and "cat" in § 228-6 may apply to the Health Officer seeking an exception to the numerical limits set forth in § 228-9A to C. Such person shall obtain a permit requesting an exception to § 228-9A to C from the Health Officer, who may issue a permit only after an annual inspection of the premises where the animal or animals are to be kept and a determination is made that no nuisance will be created by exceeding the numerical limits set forth above, and a determination is made that no human health hazard is posed. The cost of obtaining or renewing such permit shall be as set by the Common Council and provided under separate fee schedule, provided no inspection is required. In the event that an inspection is required by the Health Officer, an additional fee shall be required to cover the time and expense related to the inspection.[2]

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

D. All permits issued shall state with specificity the type and number of animals for which the exception has been granted. Permits shall be reviewed on an annual basis. Permits may be rescinded at any time that the Health Officer makes the determination that the type or number of animals or the condition in which they are kept has created a public nuisance or a human health hazard.

E. In the event that the Health Officer or designated representative does not issue a permit upon a written request, the permit seeker may appeal in writing to the Board of Health within 30 days of the date of the mailing of the order to such permit seeker, which shall notify the Board of Health and the Health Officer, in writing, of the nature of the objection and of a request for a hearing thereon. The order of the Health Officer shall be deemed the initial determination, and the municipal authority charged with conducting the review, pursuant to § 10-8B of this Code, shall be the Watertown Board of Health. The Board of Health shall proceed to conduct a hearing on the appellant's objections, pursuant to §§ 10-9 and 10-10 of this Code of Ordinances. The Health Officer shall be present at such hearing. The appellant may be represented by counsel. The Board of Health may affirm, cancel or modify the order of the Health Officer, in its discretion, to best conform such order to the intent of this article.

[Amended by Ord. No. 11-21]

F. An exception to this permit requirement shall be made for any individual that is state or federally licensed as an animal rescue or rehabilitation specialist.

§ 228-11 Animal housing regulated.

A. All structures, pens, coops or yards wherein domestic animals are kept or permitted to be kept shall be maintained in a clean and sanitary condition, shall be dry and well ventilated, and reasonable control methods shall be utilized to reduce rodents and vermin. The structure shall be maintained as free from objectionable odors as can be obtained.

B. Any such structure, pen, coop, shed or yard wherein domestic animals are kept or permitted to be kept, which shall emit offensive odors or offensive matter to adjoining premises or to public waterways, streets, alleys or other public places, may be declared to be a public nuisance, and the Health Officer may order the abatement thereof.

C. The Health Officer or designated representative, upon the complaint of any individual, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section, including an order requiring the owner or occupant of the premises to install mechanical or other ventilating equipment as a condition to continuance of the maintaining or keeping of such animals.

§ 228-12 Animals excluded from food-handling establishments.

No person shall take or permit to remain any live animal on any premises where food is sold, offered for sale or processed for consumption by the general public. Use of animals to assist handicapped individuals shall be allowed.

§ 228-13 Violations and penalties.

Any person, entity or corporation violating any provision of this article shall be subject to forfeiture of not less than $50 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.[1]

[1] Editor's Note: Former Art. IV, Cat License, adopted by Ord. No. 02-55 (§§ 9.14 and 9.20 of the former City Code), as amended, which immediately followed, was repealed 11-2-2021 by Ord. No. 21-37.