[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 7, Ch. 1, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
Definitions. In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
given herein:
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 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.
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 an animal control officer 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 section.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian at 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 Village of Spencer after the dog
has reached four months of age, the owner shall have the dog vaccinated
against rabies within 30 days after the dog is brought into the Village
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 within three
years after the previous vaccination. The certificate of vaccination
shall meet the requirements of § 95.21(2), Wis. Stats.[1]
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 bearing a serial number and in
the form approved by the Village 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 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
Village.
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 while hunting, 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.
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 Village of Spencer 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.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 172-2 of this chapter, the Village Administrator-Clerk/Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Administrator-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 § 172-2E.
(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 animal control 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 Village Administrator-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 the Village Board. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Administrator-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 Village Board; the Board may attach conditions to such approval as a conditional use under Chapter 480, Zoning, of the Code of the Village of Spencer.[2]
(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 operator are the
relevant provisions of Ch. 951 of the Wisconsin Statutes.
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
Village 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 Village
ordinances.
C.
Registration. All owners or keepers of dogs shall, within 30 days,
register the dog with the Village Administrator-Clerk/Treasurer.
(1)
Registration includes:
(a)
Payment of the registration fees;
(b)
Proof of rabies vaccination;
(c)
Presentation of two color photographs of the dog may be required,
clearly showing the color and approximate size of the dog; and
(d)
Proof of liability insurance in the amount of $110,000 for bodily
injury or death of any one person and $100,000 for property damage
may be required.
(2)
Offspring of registered dogs shall be removed from the Village within 12 weeks of the birth of the offspring, subject to § 172-13.
(3)
All registrations must be renewed annually at the beginning of the
calendar year.
(4)
All parties who own, keep or harbor dogs must abide by the ordinances defining the allowable number of dogs per household. See § 172-14.
A.
Dogs and cats confined. If a district is quarantined for rabies,
all dogs and cats within the Village 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
Village Administrator-Clerk/Treasurer shall promptly post in at least
three public places in the Village notices of quarantine.
B.
Exemption of vaccinated dog or cat from Village 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 Village 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 control
officer 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.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An officer or animal control 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 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 subsection,
"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 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)
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 county health department. The veterinarian or 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 or 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 Village,
the veterinarian or 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.[1]
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 Village, the Laboratory
of Hygiene, the county health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's
physician.[2]
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 Village
of Spencer to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(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.
Vicious dogs and animals.
(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
section, a dog shall be deemed as being of a vicious disposition 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.
(2)
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 Village. 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 Village ordinance
to be licensed shall be seized and impounded by a humane or law enforcement
officer or animal control officer.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash not to exceed 10 feet in length and under control of
a person physically able to control it when the animal is off of the
owner's premises.
D.
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.
E.
Keeping of dogs. All parties who own, keep, or harbor dogs within
the Village of Spencer must be in full compliance with the following
conditions:
(1)
Containment. All dogs must be securely confined indoors or contained
either by chaining or fencing
(a)
No 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 such building on its
own violation.
(b)
All pens or kennels shall comply with zoning, building and health
regulations of the Village.
(d)
Any dog that has had a previous incident of animal or human
attack must be muzzled when taken on a sidewalk or street.
A.
Animal control agency.
(1)
The Village of Spencer 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 Village of Spencer 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 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 Village,
assaults or attacks any person, is at large within the Village, 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 impounding 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 Village for any damages it sustains
for improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States Mail, if such owner
be known to the officer or can be ascertained with reasonable effort,
but if such owner be unknown or unascertainable, the officer shall
post written notice in three public places in the Village, giving
a description of the animal, stating where it is impounded and the
conditions for its release, after the officer or warden has taken
such animal into his possession. If within seven days after such notice
the owner does not claim such animal, the officer may dispose of the
animal in a proper and humane manner; provided, if an animal before
being impounded has bitten a person, the animal shall be retained
in the Animal Shelter for 10 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 Village Board.
No animal shall be released from the pound without being properly
licensed if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner doesn't reclaim the
animal within seven days, the animal control officer may sell the
animal to any willing buyer.
E.
Village not liable for impounding animals. The Village 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.
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 Village Administrator-Clerk/Treasurer or Police
Department and shall keep such dog or cat confined for not less than
10 days or for such period of time as directed. The owner or keeper
of any such dog or cat shall surrender the dog or cat to a law enforcement
or animal control 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, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. A dog or cat is
considered to be in violation of this section when two formal, written
complaints are filed with the Village Administrator-Clerk/Treasurer
or Police Department within a four-week period.
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 Village 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 vieugna), gray or timber wolf
(Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys
olivacea), Atlantic green turtle (Chelonia mydas), Mexican ridley
turtle (Lepidochelys kempi).
(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 Village 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 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 Village 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 Village 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)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, Old World (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor); also known as "cougars," "mountain lions"
and "panthers."
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
(28)
Except on farms, horses, mules, ponies, donkeys, cows, pigs,
goats, sheep, chickens or any animal raised for fur-bearing purposes
unless otherwise permitted elsewhere in this Code.
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; 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.
Acts of cruelty prohibited. No person except a law enforcement
or animal control officer in the pursuit of his duties shall, within
the Village, shoot or kill or commit an act of cruelty to any animal
or bird or disturb any bird's nests or bird's eggs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II); this ordinance also repealed original Secs. 7-1-13, 7-1-14, 7-1-15, and 7-1-16 of the 1993 Code of Ordinances, pertaining to animal cruelty acts which are also prohibited by statutory provisions adopted; see § 359-1 of this Code.
A.
Purpose. The keeping of a large number of dogs and cats within the
Village of Spencer 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.
DOG
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any canine, regardless of age or sex.
A parcel of land occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose
of this section, any vacant parcel or parcels adjoining a dwelling
and under the same ownership shall constitute one lot.
C.
Number limited.
(1)
No family shall own, harbor or keep in its possession more than two
dogs and two cats in any residential unit without the prior approval
of the Village Board, except that a litter of pups or kittens or a
portion of a litter may be kept for not more than twelve weeks from
birth.[1]
(2)
The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 172-3B. Such application for waiver shall first be made to the Village Administrator-Clerk/Treasurer. If the Board approves an exception to this chapter, the petitioner will pay an extra fee of $50 per license for each dog, each year they exceed this chapter.
A.
In the interest of public health and safety, it shall be unlawful
for any person, in or on Village-owned land within the Village of
Spencer 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 of
the Wisconsin Statutes 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 Village of Spencer
or its employees or agents from performing their official duties.
A.
Any person violating § 172-12, 172-13 or 172-14 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village 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 § 172-1, 172-3 or 172-4 of this Code of Ordinances 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.
(1)
An owner who fails to have a dog vaccinated against rabies as required in § 172-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.
(2)
An owner who refuses to comply with an order issued under § 172-4 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 county jail until such forfeiture and costs are paid, but not exceeding 60 days.
