[HISTORY: Adopted by the Common Council of the City of Arcadia at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 280.
In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meaning indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control of some person by leash, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.
Any feline, regardless of age or sex.
The City of Arcadia, Wisconsin.
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
Any property, including without limitation a home, farm or business, wherein or whereon more than three dogs are kept on a regular basis, and which contains permanent facilities to house more than three dogs.
That meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer, as defined under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
As used herein as describing a dog or cat, shall mean 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 chapter.
An animal kept and treated as a pet.
Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian at no later than five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the City after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the City unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
B.
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination, signed by said veterinarian, 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, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the name of the veterinarian who vaccinated the dog, the address of the veterinarian who or veterinary clinic which vaccinated the dog, and the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the City.
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 is revaccinated, whichever occurs first.
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 at all times, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors or to a dog 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 which is not required to be vaccinated under Subsection A of this section.
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 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 shall annually pay the license fee and obtain a dog license by January 31 of that year. If a dog becomes five months of age within a license year, then the owner of the dog shall pay the license fee and obtain a dog license on or before the date the dog becomes five months of age. A dog license is valid until December 31 of the year during which it is issued.
(3)
The minimum license fee under this section shall be established by the Common Council by resolution, with different license fee amounts for the following two groups of animals: for spayed females or neutered males and for unspayed or unneutered animals. These amounts shall be reduced by 1/2 if the animal became five months of age after July 1 during the license year. The license year shall commence January 1 and end December 31.
(4)
Upon payment of the required license fee and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 146-2 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 § 146-2E of this chapter.
(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 officer may 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 trained as a service animal is exempt from the dog license fee, 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 fee 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 fee established by the Common Council by resolution. Upon payment of the required kennel license fee 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. In order to keep any such kennel license, the license holder must present rabies certificates for all dogs kept under said kennel license upon demand of any law enforcement officer. Kennels may only be located in residential areas after a conditional use permit has been issued pursuant to Chapter 425, Zoning, of the City Code.
(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 on leash or temporarily for the purposes of breeding, trial, training or competition.
(3)
No kennel license shall be issued to the keeper or operator of a kennel who fails to provide proper food or drink or proper shelter for the dogs in said kennel or who neglects or abandons said dogs. The City Health Officer or other designated official shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon the City Health Officer's 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.
The City Clerk-Treasurer shall assess and collect a late fee established by the Common Council by resolution from every owner of a dog five months of age or over if the owner failed to obtain a license prior to February 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 day the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.
A.
Dogs and cats confined. If an area in the City is quarantined for rabies, all dogs and cats within the City shall be kept securely confined, tied, leashed or muzzled. Any dog or cat which is not confined, tied, leashed or muzzled in the area subject to the quarantine is declared a public nuisance and may be impounded. All law enforcement officers shall cooperate in the enforcement of the quarantine. The City Clerk-Treasurer shall, within two business days, 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. A law enforcement officer shall order a dog or cat quarantined if the law enforcement 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 law enforcement officer may kill the animal. Prior to killing any such animal, the law enforcement officer shall first attempt to contact the owner thereof to obtain his or her consent to kill said animal. The law enforcement 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. A law enforcement officer may order killed or may kill an animal other than a dog or cat if the law enforcement officer has reason to believe that the animal bit a person and is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner. A law enforcement officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued, or the law enforcement 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, and the animal is believed to be rabid, 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 section, "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 at least 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 muzzled and leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 days 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)
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the law enforcement officer who ordered the animal quarantined and the law enforcement 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. A law enforcement officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local 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 which prepared the carcass, the local health department and, if the animal is suspected to have bitten a person, that person or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by a law enforcement officer is encouraged to cooperate in a professional capacity with the City, the Laboratory of Hygiene, the local health department, the law enforcement officer involved and, if the animal is suspected to have bitten a person, the person's physician.
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 county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the City to own, harbor or keep any dog or cat 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 more than three times in any twelve-month period of time.
(4)
Habitually barks or howls to the annoyance of any person or persons. (See § 146-12B of this chapter.)
(5)
Kills, wounds or worries any domestic animal.
(6)
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.
(7)
In the case of a dog, is unlicensed.
B.
Dangerous dogs and animals.
(1)
For purposes of enforcing this § 146-6B, a dog shall be deemed dangerous if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. A dog shall also be deemed dangerous if it is any of the following breeds:
(2)
Any dangerous dog which is found off the premises of its owner other than as provided in this § 146-6B may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction that the dog is dangerous, by testimony under oath reduced to writing, be killed by the police authorities.
(3)
The keeping of dangerous dogs, as defined herein, shall be subject to the following requirements:
(a)
Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four feet in length and said leash is attached to a collar with a leather or metal fastener. Collars with plastic fasteners shall not be used on dangerous dogs. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash, one person per dog.
(b)
Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is wearing a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
(c)
Confinement. Except when leashed and muzzled as provided in this § 146-6B, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
[1]
The structure must have secure sides and a secure top;
[2]
The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than 16 inches into the ground; and
[3]
The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(d)
Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(e)
Signs. All owners of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public from the nearest public street or sidewalk, whichever is closer to the owner's premises, using the words "Dangerous Dog on Premises."
(f)
Animals born of dangerous dogs. All offspring born of dangerous dogs registered with the City must also be registered with the City within six months of birth.
(g)
Notification of escape. The owner of a dangerous dog shall notify the Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(h)
Registration of dogs. All dogs meeting the definition of dangerous or being of a dangerous breed shall be registered with the City Clerk-Treasurer, and a list of such dogs shall be provided to the Police Department and be updated as any new dogs are added. The breed of dog is to be determined by the City Clerk-Treasurer at the time a dog is required to be licensed. The determination of the City Clerk-Treasurer as to the breed of the dog is presumptively correct.
(i)
Failure to comply. It shall be unlawful and a violation of this § 146-6B for any owner of a dangerous dog or dangerous breed of dog to fail to comply with the requirements and conditions of this § 146-6B. Any dog found to be in violation of this § 146-6B shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this § 146-6B shall result in the revocation of the dog's license and the permit providing for the keeping of such an animal.
(4)
Permit and tag required for dangerous dog.
(a)
The owner of a dangerous dog shall, within three business days after the classification of the dog as dangerous by the City Clerk-Treasurer, obtain an annual permit from the City Clerk-Treasurer to harbor the dog. The fee for such permit shall be established by the Common Council by resolution. This permit and fee are in addition to the license and licensing fees required of all dogs.
(b)
At the time the permit is issued, a prominent tag shall be issued to the owner of the dangerous dog. The owner shall ensure that the tag is worn at all times by the dog to clearly and easily identify it as a dangerous dog.
(c)
The permit for maintaining a dangerous dog shall be presented to a police or law enforcement officer upon demand.
(6)
If any owner claims that its dog is not a breed defined as a dangerous dog under this § 146-6B, it is the burden of the owner to establish that the dog is not of the breeds listed as dangerous.
(7)
No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
C.
Animals running at large.
(1)
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 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 unlicensed and required by state law or City ordinance to be licensed shall be seized and impounded by a law enforcement officer.
(2)
A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.
D.
Owner's liability for damage caused by dogs; penalties. All provisions of § 174.02, Wis. Stats., including but not limited to those 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 may contract with or enter into an agreement with such person, persons, organization or corporation, including Trempealeau County, to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.
(2)
The City does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any law enforcement 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. In order for an animal to be impounded, the law enforcement officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the City for any damages it sustains for improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After seizure of an animal under this section by a law enforcement officer, the animal shall be impounded. The law enforcement officer shall notify the owner, personally or through the United States Mail, if such owner is known to the law enforcement officer or can be ascertained with reasonable effort, but if such owner is unknown or unascertainable, the law enforcement officer shall post written notice in three public places in the City, giving a description of the animal and stating where it is impounded and the conditions for its release, after the law enforcement officer has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the law enforcement officer may dispose of the animal in a proper and humane manner, provided that, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 14 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Common Council.
D.
Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal may be sold by the City to any willing buyer.
E.
City not liable for impounded animals. Neither the City nor its animal control agency shall be liable for the death of any animal which has been impounded or disposed of pursuant to this section.
No dog or cat shall be permitted in any public cemetery. Every dog specially trained as a service animal shall be exempt from this section.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Police Department and shall keep such dog or cat confined for not less than 14 days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement officer upon demand for examination.
The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.
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.
A.
Any animal will be considered a public nuisance if such animal is destroying or defacing property or is disturbing to any person. Any owner or caretaker of such animal shall be held responsible for allowing a public nuisance to occur.
B.
It shall be unlawful for any person to knowingly keep or harbor any dog which habitually barks, howls, or yelps or any cat which habitually cries or howls to the discomfort of the peace and quiet of the neighborhood or in such manner as to disturb or annoy persons in the neighborhood. Such dogs and cats are hereby declared to be a public nuisance.
A.
Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess or 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 any part or product thereof:
(1)
All poisonous or venomous animals and reptiles, including rear-fang snakes.
(2)
Bison (Bison).
(4)
Deer (Cervidae); includes all members of the deer family; for example, white-tailed deer, elk, antelope and moose.
(5)
Elephants (Elephas and Loxodonta).
(6)
Game cocks and other fighting birds.
(7)
Hippopotami (Hippopotamidae).
(8)
Ostriches (Struthio).
(10)
Rhinoceroses (Rhinocerotidae).
(12)
Poisonous or venomous insects.
B.
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).
C.
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 subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
D.
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, or persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or by any person or organization licensed to present a circus.
E.
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. Without limitation, 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 animals, reptiles or insects as listed in Subsections A through C above. Notwithstanding anything herein to the contrary, deer may be kept at the park known as the "Rudy Klink Park," and no provision in this chapter shall be deemed to limit the keeping of animals traditionally used in agriculture in agricultural districts in the City.
F.
Exceptions. The prohibitions of Subsection E 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, public or private educational institutions, 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.
G.
Livestock. It shall be unlawful for any person who is the owner or otherwise in possession or in charge of any cattle, horses, mules, donkeys, sheep, goats, swine or fowl to allow or permit any such animals to enter the City, except in a district zoned as agricultural, or to run at large within the City.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal within the City.
(2)
Any law enforcement officer may remove, shelter or 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 law enforcement 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 law enforcement officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such law enforcement 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, of the Wisconsin Statutes 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 which 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.
C.
Stray animals. No person or caretaker shall feed, harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the Arcadia Police Department by the person who observes the stray animal.
No person except a law enforcement 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 nest or bird's eggs. This section does not apply to any lawful trapping under § 146-16 of this chapter, including the killing of animals so trapped.
A.
In the interest of public health and safety, it shall be unlawful for any person, in or on land within the City, 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 it relates to trapping.
D.
This section shall not apply to trapping within the confines of buildings or homes.
E.
Nothing in this section shall prohibit or hinder the City or its employees or agents from performing their official duties.
F.
The Common Council and Police Chief may authorize a third party to live trap an animal due to exigent circumstances.
The operator of any vehicle involved in an accident resulting in injury to or death of a dog, cat or other animal which appears to be a pet shall immediately notify the Police Department or an animal control agency the jurisdiction of which extends into the City.
A.
Purpose. The keeping of a large number of dogs within the City 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 is, therefore, declared a public nuisance.
B.
Number limited.
(1)
Except as otherwise provided in this chapter, no person, firm, or corporation shall own, harbor, keep in its possession, or allow more than three dogs on any lot or parcel without the prior approval of the Common Council, except that a litter of pups or a portion of a litter may be kept for not more than eight weeks from birth. Dogs in excess of the number permitted by this section being kept at the time of the adoption of this chapter may be maintained but may not be replaced.
(2)
The above requirement may be waived with the approval of the Common Council or when a kennel license has been issued by the City. Such application for waiver shall first be made to the City Clerk-Treasurer.
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.
(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 said premises.
(4)
The bees and equipment shall be kept in accordance with the provisions of the state statutes.
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.
Any person violating § 146-14, 146-15, 146-16, 146-17, 146-18 or 146-19 of this chapter shall be subject to a forfeiture of not less than $50 and not more than $200. Each day a violation occurs constitutes a separate offense. This section shall also permit the City Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Anyone who violates §§ 146-3, 146-4 and 146-5 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. Each day a violation occurs constitutes a separate offence. An owner who fails to have a dog vaccinated against rabies as required in § 146-2 of this chapter shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.
C.
An owner who refuses to comply with an order issued under § 146-5 to deliver an animal to a law enforcement 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 county jail until such forfeiture and costs are paid, but not exceeding 60 days. Each day a violation occurs constitutes a separate offence.
D.
In addition to any other remedies allowed by this chapter, and as except as provided in Subsection E, any person who violates §§ 146-6 through 146-13 of this chapter shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations. Each day a violation occurs constitutes a separate offence.
E.
In addition to any other remedies allowed by this chapter, in the event that a dog injures or causes injury to a person or animal as prohibited by this chapter, the owner shall forfeit not less than $50 nor more than $2,500 for a first violation and not less than $200 nor more than $5,000 for a second violation.
