City of Hudson, WI Chapter 99 Animals

[HISTORY: Adopted by the Common Council of the City of Hudson by Ord. No. 29-94. Amendments noted where applicable.]

GENERAL REFERENCES

Animals in parks — See Ch. 181, §§ 181-7 and 181-9.

§ 99-1 Definitions.

[Amended by Ord. No. 9-99; 5-1-2000 by Ord. No. 9-00; 11-18-2013 by Ord. No. 9-13; 7-6-2015 by Ord. No. 5-15]

As used in this chapter, the following terms shall have the meanings indicated:

AMPHIBIAN

A member of Amphibia, a class of vertebrates intermediate between fish and reptiles, such as frogs, toads and salamanders.

ANIMAL

Includes, but shall not be limited to, dogs, cats, horses, reptiles, poultry, birds or other fowl, whether wild or domesticated.

ANIMAL CONTROL OFFICER

The person or persons contracted by the City as its enforcement officer or officers, under the direction of the Chief of Police. The Animal Control Officer shall be under the general supervision of the Public Safety Committee.

ANIMAL SHELTER

Any premises designated by the City for the purpose of impounding and caring for all animals found running at large in violation of this chapter.

EXOTIC

Any animal not native to Wisconsin or generally recognized as a nondomesticated animal.

EXPOSURE TO RABIES

An animal shall have been exposed to rabies within the meaning of this chapter if it has been bitten by or been exposed to any animal known to be infected with rabies.

LIVESTOCK

Any horse, bovine, sheep, goat, pig, or domestic fowl, including game fowl raised in captivity, except as provided in § 99-21 regarding the keeping and licensing of chickens and § 99-22 regarding the temporary keeping of goats for invasive species and other weed control purposes.

[Amended 8-21-2017 by Ord. No. 14-17]

OWNER/CUSTODIAN

Any person, group of persons or corporation, organization or other legal entity owning, keeping or harboring an animal or animals. The occupant of any premises on which an animal remains or to which it customarily returns frequently for 10 days is presumed to be harboring or keeping the animal within the meaning of this chapter.

PET SHOP

Any person, group of persons, partnership, corporation, LLC or other legal entity engaged in the business of breeding, buying, selling or boarding animals of any species, except for agriculture.

POTENTIALLY DANGEROUS ANIMAL

A. Any animal with a propensity, tendency, and/or disposition to attempt to attack, cause injury, cause damage or destruction of public or private property, or otherwise endanger the safety of human beings or other domestic animals. Such a propensity, tendency, or disposition may be evidenced by habitual or repeated chasing, scratching, snapping, or barking, snarling or growling in a manner that is reasonably perceived as threatening.

B. Any animal that attacks, bites, attempts to attack or bite, or has attacked or bitten another domestic animal.

C. An animal shall not be considered potentially dangerous if the dog was provoked as follows:

(1) The animal bites, attacks or threatens anyone assaulting the owner.

(2) The animal bites, attacks or threatens a trespasser on the property of the owner.

(3) The animal bites attacks or threatens any human being or other animal who has attacked, tormented or abused it.

(4) The animal is otherwise acting in defense of an attack from a human being or other animal upon the owner or other person.

(5) The animal is protecting or defending its young.

D. The definition of "potentially dangerous animal" shall not include a working police canine while the working police canine is on duty.

[Added 9-8-2015 by Ord. No. 9-15]

PROHIBITED DANGEROUS ANIMAL

A. Any animal that has inflicted substantial bodily harm upon, or caused or contributed to the death of any human being on public or private property, except under circumstances described in "potentially dangerous animal" definition, Subsection C(1) through (5) above.

B. Any animal that has killed a domestic animal or has a documented history of attacking domestic animal(s) while off the owner's property, except under circumstances described in "potentially dangerous animal" definition, Subsection C(1) through (5) above.

C. Any dog that is, or has been subject to being destroyed under W.S.A. s. 174.02(3), regardless of whether such petition or action resulted in an order requiring destruction of the dog.

D. Any rabid animal.

E. Any wild animal hybrid.

F. Any dog trained, owned, sold, purchased or transferred for the purpose of dog fighting or similar activity.

G. The definition of a "prohibited dangerous animal" shall not include a working police canine while the working police canine is on duty.

[Added 9-8-2015 by Ord. No. 9-15]

REPTILE

A member of Reptilia, a class of cold-blooded vertebrates, including snakes, lizards, crocodiles and turtles, etc.

RESTRAINT OR UNDER RESTRAINT

An animal is under restraint within the meaning of this chapter if it is on a leash, cord, chain, or similar physical restraint held by a competent person and obedient to that person's command or within a vehicle being driven or parked on the streets or on the property of its owner or keeper.

RUNNING AT LARGE

An animal shall be deemed to be at large when it is off the property of its owner/custodian and not under restraint as defined in this chapter.

SECURE ENCLOSURE

A fence, structure, or pen of sufficient height and depth into the ground to prevent an animal from escaping from the enclosure and securely locked to prevent the entry of any children into the enclosure. An electric fence shall not be a secure enclosure under this chapter.

SUBSTANTIAL BODILY HARM

Substantial bodily harm means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a puncture of skin; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.

WILD ANIMAL OR REPTILE

A mammal, poisonous or large reptile over 18 inches in length or bird which, in its uncaptured wild state, has the physical capacity to be dangerous to the safety and welfare of any person or property. Examples of such wild animals and reptiles include, but are not limited to, ferrets, bears, wolves, coyotes, cougars, bison, tigers, monkeys, apes, poisonous snakes, large reptiles over 18 inches in length and raptors, excluding dogs, cats, birds and other traditional house pets. Reducing such mammals, reptiles and birds to captivity, whether trained, raised or bred in captivity or otherwise considered domesticated in any manner, shall not remove such wild animals and reptiles from these requirements and regulations.

WORKING POLICE CANINE

A dog trained to aid the police, as in tracking criminals or detecting controlled substances, or other ways of aiding police in law enforcement matters. A police canine is working when the police canine is on duty with the police officer(s) aiding in the performance of law enforcement matters.

[Added 9-8-2015 by Ord. No. 9-15]

§ 99-2 Enforcement.

[Amended 7-6-2015 by Ord. No. 5-15]

A. The provision of this chapter shall be enforced by the Animal Control Officer and/or by officers of the Hudson Police Department. The Animal Control Officer shall apprehend and confine animals as provided for herein and is authorized to issue citations in the Hudson Municipal Court for violation of this chapter.

B. The Animal Control Officer, upon receipt of information indicating probable cause of a violation, may, in his or her discretion, issue a warning ticket and/or corrective notice, provided that such warning action is not contrary to the health and safety of Hudson residents or any animals.

§ 99-3 Adoption of statutory provisions.

[Amended 7-6-2015 by Ord. No. 5-15]

Chapter 174, Dogs, of the Wisconsin Statutes, exclusive of any provisions therein relating to penalties to be imposed or the punishment for violation of such statutes, is hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any further amendments, revisions or modifications of the statutes incorporated by reference are intended to be made a part of this chapter.

§ 99-4 Licensing of dogs and cats.

[Amended 7-6-2015 by Ord. No. 5-15; 10-18-2021 by Ord. No. 20-21]

A. No person shall own, keep, or harbor any dog within the City of Hudson unless such dog is licensed as herein provided. Written application for a license shall be made to the City Clerk and shall state the name and address of the owner and the name, breed, color, and sex of the dog. No license shall be issued without proof of current rabies vaccination. The license fee(s) shall be paid when making application, and a numbered receipt shall be given to the applicant. The Common Council shall set the fees.

B. A yearly license shall be required for each:

(1) Neutered male or spayed female dog over the age of five months.

(2) Unneutered male or unspayed female dog over the age of five months.

C. All dog licenses shall be issued for one year beginning January 1. The full license fee shall be paid for any dog more than five months of age on or before July 1 of the license year. Owners of dogs becoming five months of age or entering the City of Hudson after July 1 shall pay 1/2 the applicable license fee.

D. A late fee shall be collected if the owner fails to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog on or before the date the dog reaches a licensable age.

E. Delinquent dog license fee shall be collected in the manner specified in § 74.11, Wis. Stats., for collection of personal property taxes. The Animal Control Officer and any police officer of the City may issue a citation and bring action in Municipal Court for failure to license as required by this chapter.

F. Issuance of license. Upon receipt of the required fee and exhibition of the certificate of vaccination required, the City Clerk shall issue to such person a license to keep such dog. Such person shall, upon procuring the metallic license, attach the tag to a collar which is worn by the dog.

G. If the metallic license tag issued for a dog is lost, the owner may obtain a new tag upon the payment of a replacement fee.

H. If there is a change in ownership of a dog during the license year, the new owner may have the license transferred to his name upon the payment of an animal transfer fee.

I. No person shall use any animal license, receipt or license tag issued for another animal.

§ 99-5 Running at large; disposal of waste. [1]

[Amended 7-6-2015 by Ord. No. 5-15]

A. Running at large. No cat, dog or other domesticated animal shall be permitted to run at large within the City of Hudson. An animal is considered to be running at large if it is not on the premises of its owner and is not restrained or under restraint as defined in this chapter.

B. No dog shall be permitted in a public cemetery, playground, schoolyard, public pool or other posted areas, except when confined within a vehicle or on a leash or except with the written permission of the person in charge.

C. The owner of an animal shall promptly remove and dispose in a sanitary manner any excreta deposited by such animal upon any public or private property. Seeing-eye dogs used by blind persons or dogs used in police activities are exempted when used by or with the permission of the City.

[1] Editor's Note: See also Ch. 175, Nuisances, § 175-3G.

§ 99-6 Feeding of wildlife.

[Amended by Ord. No. 9-99; 4-17-2006 by Ord. No. 7-06; 2-5-2007 by Ord. No. 1-07; 4-19-2010 by Ord. No. 5-10; 7-6-2015 by Ord. No. 5-15]

There shall be no feeding of ducks, geese, gulls or any other wild, nondomesticated animals within the City limits. This section shall not prohibit the feeding of trumpeter swans or the feeding of birds or squirrels, using common household bird feeders or squirrel feeders, or the feeding of deer with written approval by the Common Council as part of a deer control program.

§ 99-7 Kennels.

[Amended by Ord. No. 9-99; 7-6-2015 by Ord. No. 5-15]

The City will follow the Wisconsin statutes on kennels.

§ 99-8 Harboring certain animals.

[Amended 7-6-2015 by Ord. No. 5-15]

A. No person shall own, harbor or keep any animal under the following circumstances:

(1) Any animal which habitually pursues any vehicle upon any public street, alley or highway.

(2) Any animal which assaults or attacks any person or has a history of attacking a domestic animal(s) when that person or domestic animal is off the property of the owner or the custodian of such animal.

(3) Any animal which habitually barks or howls to the annoyance of any two or more unrelated persons or habitually barks or howls between the hours of 10:00 p.m. and 7:00 a.m.[1]

[1] Editor's Note: See also Ch. 175, Nuisances, § 175-5J.

(4) Any animal which runs at large.

(5) Any unlicensed animal that is required to be licensed.

(6) Any animal which damages, defiles or destroys any property, excepting that of the owner or custodian.

B. No person shall own, harbor or keep more than three dogs over the age of five months or four cats over the age of five months in a single household.

C. No person shall own, harbor or keep any livestock within the City limits.

D. No person shall keep or harbor any prohibited dangerous animal, whether such animal is licensed or unlicensed.

E. Any dog or other animal impounded by the Animal Control Officer or Police Department for violation of this chapter may, upon establishment to the satisfaction of the court of the vicious character of said animal by testimony under oath, be euthanized at the direction of the Animal Control Officer.

§ 99-9 Confinement of certain animals.

[Amended by Ord. No. 9-99; 7-6-2015 by Ord. No. 5-15]

A. No wild animals or reptiles may be kept within the City, except under such conditions as may be fixed by the Common Council, provided that wild animals or reptiles may be kept for exhibition purposes by circuses, zoos or educational institutions in accordance with regulations approved by the Common Council.

B. Every potentially dangerous animal shall be confined within a building or secure enclosure, and the owner/custodian shall not take such animal out of such building or secure enclosure unless securely muzzled and leashed.

C. Every female dog or cat in season shall be kept in a building or secure enclosure so that such female dog or cat cannot come into contact with other animals, except for controlled breeding purposes.

D. Cage confinement of dogs and animals is restrictive and stressful and shall only be used for temporary confinement. Dogs and cats should not be caged except upon veterinary advice, transport or other professionally accepted practices. Dogs kept in cages for these reasons shall be removed and exercised for a minimum of two hours once a day or one-half hour in the forenoon and one-half hour in the afternoon of each day.

E. Dog cages shall be kept free of urine and fecal material.

F. Cats confined in cages must be provided with litter pans and litter material and a sleep area on a shelf away from the litter pan. Litter pans shall be cleaned and changed regularly to prevent odor and accumulation of urine and fecal material.

§ 99-10 Duties of all animal owners/custodians.

[Added 7-6-2015 by Ord. No. 5-15[1]]

A. It shall be the duty of every owner/custodian of any animal or anyone having any animal in their possession or custody to:

(1) Exercise reasonable care and to take all necessary steps and precautions to protect other people, property and animals from injuries or damage which might result from their animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, ferocity, or viciousness.

(2) Ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor or custodian.

(3) Keep the animal under restraint and control at all times while the animal is off the real property limits of the owner, possessor or custodian.

(4) Determine whether the animal is a potentially dangerous animal or prohibited dangerous animal as defined in this chapter and to comply with all requirements of this chapter and take any other actions which may be necessary to protect against damage or harm to persons or other domestic animals.

B. Precautions to be taken by owners/custodians of potentially dangerous animals.

(1) Each owner/custodian shall confine within a building or secure enclosure any potentially dangerous animal and shall not take such animal out of the secure enclosure unless the animal is securely muzzled and restrained.

(2) No potentially dangerous animal shall be left unattended by chaining, tethering or otherwise tying to any inanimate object such as a tree, post or building, outside of its secure enclosure.

(3) Except when being transported in and securely confined within a vehicle, no potentially dangerous animal shall be permitted off the property of its owner/custodian except when it is attended by its owner or designated custodian and is restrained by a secure collar, leash, cord, chain or similar physical restraint of sufficient strength to prevent escape and the animal must be muzzled by a means sufficient to prevent biting other persons or domestic animals.

C. Verified complaints regarding potentially dangerous animals, prohibited dangerous animals, or habitually barking or howling animal.

(1) Whenever any person shall complain to the Police Department that a potentially dangerous animal, a prohibited dangerous animal or a habitually barking or howling animal is being kept by a person in the City, the Police Department shall notify the owner/custodian of said animal that a complaint has been received and that the person should take all actions necessary to stop the habitual barking or howling, with respect to a potentially dangerous animal or prohibited dangerous animal, and shall comply with the requirements of this chapter.

(2) If after receiving the notice described in Subsection C(1), the person does not comply with the requirements of this chapter regarding the behavior or keeping of their animal(s), then a verified complaint of at least two residents of separate households may be presented to the Police Department, alleging that a potentially dangerous animal, prohibited dangerous animal or a habitually howling or barking animal is being kept by the person in violation of this chapter. The Police Department shall inform the owner/custodian of such animal that the verified complaint has been received and shall cite the owner of the animal for the violation alleged in the verified complaint.

(3) Notification under Subsection C(1) shall be by personal service or certified mail, return receipt requested.

[1] Editor's Note: This ordinance also provided for the redesignation of former §§ 99-10 through 99-20 as §§ 99-11 through 99-20.1, respectively.

§ 99-11 Cages for small mammals and birds.

[Amended 7-6-2015 by Ord. No. 5-15]

A. Cages for small mammals and rodents, such as guinea pigs, rabbits and hamsters, shall be of sufficient size to permit foraging activities and contain a place to burrow or nest and space necessary for the animal to exercise.

B. Water shall be available at all times to animals kenneled or confined in terrariums or habitats. Water shall be fresh daily, clean and in a rust- and algae-free container.

C. Cages for birds shall be large enough for the bird or birds to exercise and move about easily and have sufficient and properly sized horizontal perch space.

D. Cages for mammals, reptiles or birds shall be usable, maintained in a safe and healthful manner and be free of standing water, accumulated waste or debris.

§ 99-12 Outdoor space standards for dogs.

[Amended 7-6-2015 by Ord. No. 5-15]

A. Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.

B. Pen enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns. The following minimum space, excluding shelter space, shall be provided for dogs in pens (not cages):

	Minimum Space in Square Feet
	Number of Dogs	Small (to 25 pounds)	Medium (25-50 pounds)	Large (over 50 pounds)
	1	21	60	80
	2	32	80	96
	3	45	96	140

C. Dogs and cats kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.

D. Doghouses. Every person in charge or control of any dog which is kept outdoors or in an unheated enclosure shall provide such dog, as a minimum, with shelter and bedding as described in the following subsections:

(1) Such shelter shall include an insulated, moisture proof and windproof structure of suitable size to accommodate the dog's postural adjustments yet small enough to allow retention of body heat and shall be made of durable material, constructed with a solid floor raised at least two inches from the ground and situated with the entrance facing away from prevailing winds during the appropriate season.

(2) Structural strength. The housing facility shall be structurally sound and maintained in good repair to protect animals from injury.

(3) During the winter season, the following shall apply: the entryway shall be protected by a self-closing door, an offset outer door or a flexible flap made of windproof material. The shelter shall be shaded during the hot months. Bedding, such as cedar shavings, straw or other nonabsorbent material, shall be provided in sufficient quantity for insulation against cold and damp. Bedding shall be kept dry.

(4) If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or objects which will prevent the animals from entering the shelter.

(5) If dogs are tethered, the chain, rope or appliance shall be equipped with a swivel to prevent tangling.

(6) Free access to porches, garages or port-a-doors with special areas within shall be considered satisfactory shelter.

(7) Proper drink shall mean clean, rust-free and algae-free drinkable water available at all times.

(8) All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal and be positioned or affixed to prevent spills.

§ 99-13 Indoor standards.

[Amended 7-6-2015 by Ord. No. 5-15]

A. Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

B. Mechanical means to provide fresh air and prevent moisture condensation shall be provided.

C. Heat and light. Natural or artificial lighting and heat shall be supplied to provide for the health of the animal at all times.

D. Lighting of primary enclosures shall be designed to protect animals from excessive illumination. The duration of illumination shall be appropriate for the species involved.

E. Holding areas shall be constructed to allow a free flow of fresh air.

§ 99-14 Rabies control program.

[Amended 7-6-2015 by Ord. No. 5-15]

A. The provisions of W.S.A. s. 95.21, Rabies control program, exclusive of any penalty provided for therein, are hereby adopted by reference as if set forth in full herein.

B. Any unwanted or stray dog or cat, wild animal or rabies-vaccinated dog or cat which, in the opinion of a physician, requires immediate diagnosis and which has bitten any person shall be euthanized immediately and the head submitted to a qualified laboratory for fluorescent examination for rabies.

C. Any licensed dog or cat which has bitten any person and which shows evidence of rabies inoculation shall not be impounded but shall be confined at such place as designated by the City police or Animal Control Officer for a period of 10 days under the observation of a licensed veterinarian. If the animal exhibits symptoms of illness, the dog or cat shall be impounded under the observation of a licensed veterinarian. In either case, the veterinarian shall, at the end of such period, make a report of the findings to the Department of Health. For purposes of this chapter, display of a license tag shall be suitable evidence of rabies inoculation in determining whether or not impoundment is suitable.

D. If any dog or cat is reasonably suspected to be rabid it shall be destroyed, and no person shall interfere with the City of Hudson authorities or agents in carrying out their duties. All expenses incurred shall be paid by the owner or person responsible for such dog, cat or other animal.

§ 99-15 Fees.

[Amended 7-6-2015 by Ord. No. 5-15]

Fees are established by the Common Council and are subject to annual review.

§ 99-16 Traps.

[Amended 7-6-2015 by Ord. No. 5-15]

A. Except as provided in Subsection B, no person shall, within the City, set any trap for the catching of or trapping of any animal.

B. In order to abate public or private nuisances or as otherwise declared necessary to protect the health or safety of City residents, the Animal Control Officer, for a period not to exceed 60 days, shall use live traps to bring such problems under control. In the event of immediate danger to the health or safety of City residents, the Chief of Police, the Mayor or the Animal Control Officer may grant permission to specific individuals to set live traps for a reasonable period of time to capture and remove specific animals.

§ 99-17 Sanitation.

[Amended 7-6-2015 by Ord. No. 5-15]

A. Any person owning, keeping or harboring any animal shall be responsible for keeping his property clean of fecal matter to keep pests and obnoxious odors under control.

B. Disposition of all animal waste shall be in a manner that is consistent with maintaining human and animal health. Disposition of animal waste shall not pollute nor contaminate groundwater or soil.

C. Acceptable disposition of animal waste is flushing down an indoor toilet or depositing in the trash to be incinerated. Use of a landfill is not an acceptable disposition of animal waste.

§ 99-18 Impoundment.

[Amended 7-6-2015 by Ord. No. 5-15]

A. A police officer or the Animal Control Officer shall attempt to capture and restrain any dog or cat running at large and any untagged dog or cat. 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 such dog is securely confined in a fenced area.

B. Impoundment shall be at the animal shelter designated by the City of Hudson. The animal shall be confined in a humane manner. The Animal Control Officer shall attempt to ascertain the ownership, notify the owner/custodian of any impounded animal or post impound notices at City Hall.

C. If the owner/custodian of an animal seized is readily located, the Animal Control Officer may return the animal directly to the owner/custodian without impounding, if it appears that the owner's/custodian's failure to license the animal or keep it under control was inadvertent and if the owner/custodian has not been previously warned or issued a citation for any violations of this chapter.

D. Disposition of unclaimed animals. The animal shelter shall keep all animals apprehended for seven days (unless claimed sooner by the owner or custodian). If any animal is not reclaimed by the rightful owner/custodian within such time, the animal may be sold to private individuals as a pet or shall be destroyed in a proper and humane manner. Unclaimed animals shall not be sold for research purposes or for blood sport training.

§ 99-19 Repossession of impounded animals.

[Amended 7-6-2015 by Ord. No. 5-15]

A. The owner or custodian is responsible for paying all costs of impoundment. The owner or custodian of any dog, cat or other animal so confined may reclaim such animal at any time before the same is disposed of upon payment of all costs and charges incurred in apprehending, keeping and caring for such animal. Such costs and charges may include expenses for inoculation or other medical treatment of the animal. The owner's or custodian's payment of cost and charges incurred in apprehending, keeping and caring for the animal shall be paid directly to the shelter appointed by the City of Hudson. The municipal fee will be paid to the City of Hudson once a month by the animal shelter.

B. Release of animal to owner/custodian or representative. The Animal Control Officer, police officer or animal shelter shall release the dog to its owner/custodian, or a representative of the owner, if such person gives his or her name and address, presents evidence that the dog is licensed and presents evidence that the dog is vaccinated against rabies or presents a receipt from a licensed veterinarian for prepayment of rabies inoculation. In addition, the owner or custodian shall pay all impoundment fees and boarding and other fees incurred.

C. Release of animal to a person other than the owner/custodian. The Animal Control Officer, police officer or animal shelter may release the animal to a person other than the owner if the owner is unknown or does not claim the animal within seven days after the animal is delivered to the shelter. The person to whom it is released shall give his or her name and address, sign a statement agreeing to license the animal and have it vaccinated against rabies, unless evidence is presented that the animal is licensed and vaccinated, and pay the boarding and any impoundment fee for the animal.

D. The animal shelter shall keep accurate records of the name and address of the person to whom any animal is given custody, and this record shall be a public record in accordance with W.S.A. s. 174.046.

E. The animal shelter shall establish the boarding fee for each day or fraction thereof; however, the boarding fee shall not exceed the actual average daily costs for boarding and caring for the animal.

§ 99-20 Neglected or abandoned animals.

[Amended 7-6-2015 by Ord. No. 5-15]

A. No person shall abandon any animal, whether mammal, reptile, amphibian or bird.

B. Any law enforcement officer may remove, shelter and care for any 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 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.

C. 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, the animal may be treated as a stray and dealt with as such.

D. Whenever, in the opinion of any such officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such 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.

§ 99-20.1 Dog racing.

[Amended 7-6-2015 by Ord. No. 5-15]

This chapter, except for provisions relating to the humane treatment of animals and sanitation conditions, shall not apply to any facility conducting the racing of dogs as a pari-mutuel racetrack licensed by the State of Wisconsin.

§ 99-21 Chickens.

[Added 11-4-2013 by Ord. No. 7-13[1]; amended 2-1-2021 by Ord. No. 7-21]

A. Purpose. The purpose of this section is to establish conditions under which City residents on certain residential and public properties may safely keep and maintain a limited number of chickens to provide eggs for household use; to assure appropriate chicken coops or structures in which to house chickens; and to protect the health, safety, and welfare of the general population of the City of Hudson.

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

ABUTTING PROPERTY

All lots that the applicant's property comes into contact with at one or more points, including those lots that are separated from the applicant's property by a public or private street or public alley.

CHICKEN

A female gallinaceous bird or hen of any age, including chicks. This definition does not include other kinds of fowl, including guinea hens, ducks, quail, pheasants, geese, turkeys, peacocks, emus, or ostriches.

COOP

An enclosed structure, building or pen within which chickens roost or are housed.

EDUCATIONAL PURPOSE/ORGANIZATION

Purposes directly related to learning, training, research, or development fulfilled by a qualified educational institution, faculty, or other authorized educational licenses and does not include commercial, professional or any other for-profit purposes.

ONE-FAMILY DWELLING

A building designed exclusively for occupancy by one family living independently as defined in Hudson City Code § 255-4.

PUBLIC

Those areas that are zoned PUB-Public in the City of Hudson Zoning map.

C. License required.

(1) No person or educational organization shall own, harbor, keep or maintain chickens within the City without first obtaining a license approved by the Common Council.

(2) The license year shall commence on January 1 and shall end on December 31 and must be renewed annually if chickens continue to be kept on the property.

(3) Applications shall be made to the City Clerk's office.

(4) Applicants shall provide the following information on the license application:

(a) A plan to dispose of chicken manure in a safe and adequate manner.

(b) Coop design and materials plan that is consistent with the requirements of this section.

(c) A site plan showing compliance with the requirements of this section.

(d) The names and signatures of all those neighboring property owners within a 100-foot radius of the property who have been notified by the applicant of the chicken license application.

(5) No license shall be issued until the City reviews the application and inspects the property and determines that the applicant has complied with the requirements of this section.

(6) The applicant shall be the property owner or tenant with written consent of the property owner.

(7) Written permission from a homeowners' association, if applicable, or a statement by the applicant that keeping chickens on the property is consistent with any homeowners' association bylaws or rules.

(8) The license shall not be transferable.

(9) No license shall be issued if the applicant is delinquent in the paying of any taxes, assessments, forfeitures, or fines for violations of City ordinances, utility bills, or other claims owed to the City.

D. Fees.

(1) Application and license fees shall be in the amount established by City fee schedules. For the first year, the permit fee shall be $50. The renewal fee shall be $20. The fees may be changed by the Common Council and shall be incorporated into the City fee schedule.

(2) License fees shall not be prorated or refundable.

E. Property requirements and coop/run design.

(1) Property requirements:

(a) Chickens regulated by this chapter shall only be permitted either on Public zoned property to be used for educational purposes, or on property upon which a one-family dwelling is located and occupied, is in any residential zoning district, and is consistent with any covenant and/or homeowners' association bylaws or rules, if applicable.

(b) Chickens shall not be harbored, kept or maintained on a vacant lot.

(c) All coops shall be located in a rear yard.

(d) A coop and any attached enclosure shall be located a minimum of 25 feet from adjacent residential structures, decks or patios on an abutting property and a minimum of 10 feet from the licensee's property line.

(2) Coop/run design.

(a) All chickens shall be kept and maintained within a cross- ventilated and roofed coop in compliance with this section.

(b) The coop structural floor area shall not exceed 50 square feet, and the height of the coop shall not exceed eight feet, as measured vertically from the ground to the outside highest point of the coop.

(c) The coop shall either be:

[1] Elevated with a clear open space of 24 inches between the ground surface and the floor of the coop; or

[2] The coop's foundation shall be constructed of concrete or naturally decay-resistant or pressure-treated wood with preservative on the ground surface.

(d) All coops, including an attached yard or run, shall be enclosed with one-quarter-inch galvanized hardware cloth or equivalent material, including a protective overhead, that will prevent chickens from escaping the coop or the attached enclosure.

(e) All coops shall provide a minimum of three square feet per chicken.

(f) All coop floors shall be composed of a smooth, hard, nonabsorbent surface. A wood or dirt floor is not acceptable.

(g) There must be at least one nesting box per two chickens.

(h) Exterior finish materials shall be typical residential type construction materials.

(i) There must be a minimum of one square foot of window for each 10 square feet of wall space.

(j) Coops shall provide elevated perches to ensure chickens are able to rest in their natural roosting position.

(k) There shall be a run area maximum of 70 square feet of enclosed/screened with one-fourth-inch galvanized hardware cloth, maximum height of six feet six inches.

F. Conditions for keeping and sanitation.

(1) Conditions for keeping. A person owning, harboring, keeping or maintaining chickens pursuant to this section:

(a) Shall keep, harbor or maintain not more than five chickens on residential zoned property and shall keep, harbor or maintain not more than 20 chickens on public property.

(b) Shall keep, harbor or maintain chickens within a coop or attached run enclosure at all times.

(c) Shall not keep, harbor or maintain any roosters or male chickens.

(d) Shall not sell any eggs on residential properties. The selling of eggs on public-zoned properties shall follow all USDA rules and guidelines.

(e) Shall not slaughter any chickens within the City.

(f) No person shall use any chickens for fighting.

(g) Shall not engage in chicken breeding or fertilizer production for commercial purposes.

(h) All chickens shall be provided access to food and clean water at all times.

(i) Chickens ill with an infectious disease capable of being transmitted from bird to bird or from birds to humans, including, but not limited to, salmonella and avian influenza, are prohibited and shall be immediately killed at a veterinarian's office or removed from the City and humanely killed outside of the City.

(j) Deceased chickens should be disposed of immediately in a safe manner by placing the deceased chicken in a sealed bag and placing it in a trash receptable with a lid.

(2) Sanitation.

(a) Chickens and their coops shall be kept and maintained at all times in outdoor areas and shall not be permitted inside a residential dwelling or public premises.

(b) Chicken feed shall be stored and kept in containers which make the feed not accessible to rodents, vermin, wild birds and predators.

(c) All coops and rear yards where chickens are kept, harbored or maintained shall be reasonably free from substances, including, but not limited to, chicken manure, such that it does not cause the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes, or other insects, or to provide habitat, breeding or feeding place for rodents or other animals, or otherwise be injurious to public health.

(d) Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

G. Inspection and enforcement.

(1) The Hudson Police Department, Animal Control Officer, or their designees shall have the power, whenever they may deem reasonably necessary, and consistent with the requirements of statutory and constitutional law, to enter a building, structure, or property related to a license under this chapter to ascertain whether the license holder is in compliance with this chapter. The above-listed departments may issue compliance orders and citations pursuant to the provisions of this chapter, this Code and state law.

(2) Violations of this chapter may constitute a public nuisance under Chapter 175 of this Code or under Ch. 823, Wis. Stats.

(3) The City may revoke a license at any time if the licensee does not follow the terms of the license or this section or if the City finds that the permit holder had not maintained the chickens, coops, or outdoor enclosures in a clean and sanitary condition.

H. Other methods not excluded. The requirements and remedies provided under this section are not exclusive and may be used in combination with each other or with any other section of this Code or applicable state statute.

I. Severability. If any provision in this section, or portion thereof, is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

J. Violations and penalties. Any person who violates the provisions of this section shall, upon conviction thereof, forfeit not less than $50 nor more than $500 per day of violation, if applicable, together with the costs of prosecution. Each day a violation exists is a separate violation.

K. This section shall become effective upon adoption by the Common Council and publication as provided by law.

[1] Editor's Note: Former § 99-21, Violations and Penalties, was renumbered as § 99-22 in conjunction with this ordinance.

§ 99-22 Temporary keeping of goats; violations and penalties.

[Added 8-21-2017 by Ord. No. 14-17[1]]

A. Purpose. The purpose of this section is to establish conditions under which the temporary and periodic use of a limited number of goats for invasive species and other weed control is permitted in all districts; and to establish requirements for doing so to protect the health, safety, and welfare of the general population of the City of Hudson.

B. Requirements for temporarily keeping goats for invasive species or other weed control.

(1) Temporary use of goats shall not exceed 30 days twice a year.

(2) The goats must be contained by an adequate containment fence at all times. If an electric fence is used it must display a warning that the fence is electric.

(3) All goat waste material must be removed from the property within 24 hours each day.

(4) The property must be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisance conditions.

(5) Goats shall not be allowed on a vacant lot.

(6) The City shall have no liability for any damage that may be caused by goats kept on a property pursuant to this section. Property owners and permittees under this section shall be jointly and severally liable for any damage that may be caused by the goats kept pursuant to a permit issued under this section.

C. Permit required.

(1) No person shall own, harbor, keep or maintain goats temporarily or otherwise on his or her property within the City without first obtaining a permit approved by the Hudson Police Department.

(2) The permits shall allow the permit holder to temporarily have goats on his or her property for up to 30 days for the purpose of invasive species or other weed control on his or her property.

(3) A person may be issued two such permits per property in a calendar year.

(4) Applications shall be made to the City Clerk's office and forwarded to the Building Inspector for review.

(5) Applicants shall provide the following information on the permit application:

(a) Name, address, and contact information of the permit applicant.

(b) Address and description of the property where the goats will be temporarily kept.

(c) The type of invasive species or weed control problem on the property.

(d) Name, address, and contact information of the person or entity providing the goats.

(e) Site plan showing where on the property the goats will be temporarily kept, including a plan and description of the fencing that will be used to keep the goats on the property.

(f) A plan to dispose of goat manure in a safe and adequate manner with removal of waste within 24 hours.

(g) No more than 15 goats can be kept on the property. The number of goats allowed per permit shall be determined based on the size of the area where goats will be kept.

(6) No permit shall be issued until the City reviews the application and inspects the property and determines that the applicant has complied with the requirements of this section.

(7) The applicant shall be the property owner or tenant with written consent of the property owner.

(8) Written permission from a homeowners' association, if applicable, or a statement by the applicant that keeping goats on the property is consistent with any homeowners' association bylaws or rules.

(9) The permit shall not be transferable.

(10) No permit shall be issued if the applicant is delinquent in paying of any taxes, assessments, forfeitures, or fines for violations of City ordinances, utility bills, or other claims owed to the City.

(11) The City of Hudson shall be exempt from the permit requirements of Hudson Code § 99-22 for the temporary keeping of goats on City park and other City-owned property for the purpose of control of invasive species and other weed control purposes on property owned by the City of Hudson.

[Added 3-12-2018 by Ord. No. 8-18]

D. Permit fee.

(1) Application and permit fee shall be in the amount established by City fee schedule. The permit fee shall be $25 per permit. The fees may be changed by the motion of the Common Council and shall be incorporated into the City fee schedule.

(2) Permit fees shall not be prorated or refundable.

E. (Reserved)

F. (Reserved)

G. Inspection and enforcement.

(1) The Hudson Police Department, Animal Control Officer, or their designees shall have the power, whenever they may deem reasonably necessary, and consistent with the requirements of statutory and constitutional law, to enter a building, structure, or property related to a permit under this section to ascertain whether the license holder is in compliance with this chapter. The above-listed departments may issue compliance orders and citations pursuant to the provisions of this chapter, this code and state law.

(2) Violations of this chapter may constitute a public nuisance under Chapter 175 of this Code,[2] or under W.S.A. Ch. 823.

[2] Editor's Note: See Ch. 175, Nuisances.

(3) The City may revoke a permit at any time if the permittee does not follow the terms of the permit or this section, or if the City finds that the permit holder had not maintained the goats, fences, or outdoor enclosures in a clean and sanitary condition.

H. Other methods not excluded. The requirements and remedies provided under this section are not exclusive and may be used in combination with each other or with any other section of this Code or applicable state statute.

I. Severability. If any provision in this section, or portion thereof, is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

J. Violations and penalties. Any person who violates the provisions of this section shall, upon conviction thereof, forfeit not less than $50 nor more than $500 per day of violation, if applicable, together with the costs of prosecution. Each day a violation exists is a separate violation.

[1] Editor's Note: Pursuant to this ordinance, former § 99-22 was renumbered as § 99-23.

§ 99-23 Honey beekeeping.

[Added 10-1-2018 by Ord. No. 21-18[1]]

A. Definitions. The following definitions will be used in the interpretation and application of this section.

AGGRESSIVE BEHAVIOR

Any instance in which unusual aggressive characteristics of bees such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack.

APIARY

Colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as a bee yard.

BEEKEEPER

A person who: a) Owns or has responsibility for one or more colonies of honey bees on the property the beekeeper owns or occupies in the City of Hudson; b) Has demonstrated to the Community Development Director or his or her designee that he or she has obtained formal education or training or sufficient practical experience to act as a beekeeper; and c) Has been issued a permit under this Ordinance for maintaining a honey bee colony or colonies on the property the beekeeper owns or occupies in the City of Hudson.

BEEKEEPING EQUIPMENT

Anything used in the operation of a honey bee apiary, such as hive bodies, honey supers, frames, top covers, and/or bottom boards.

COLONY

An aggregate of honey bees in a hive consisting of workers, drones, and one queen, and include brood, combs, honey and the receptacle inhabited by the bees.

HIVE

The structure containing a colony of honey bees.

HONEY BEE

All stages of the common domestic honey bee, Apis mellifera species. Keeping of Apis mellifera scutellata is not permitted under any conditions.

RECREATIONAL AREA

Any man-made structure within someone's property that is used for outdoor recreational purposes which includes but is not limited to: pools, decks, gazebos, and children's playground equipment.

SWARM

For purposes of this chapter, a swarm is a propagation or colony of honey bees outside of its hive.

B. Residential and commercial beekeeping practices; location of hives; beekeeping permit; enforcement penalty. Honey beekeeping shall be allowed in residentially zoned and commercially zoned districts within the City of Hudson as follows:

(1) No person shall acquire, keep or stock honeybees in the City unless the person has obtained a valid beekeeping permit from the City of Hudson.

(2) No honey bees shall be kept on premises which contain multitenant buildings or two or more dwelling units.

(3) No person is permitted to keep more than the following numbers of colonies on any lot within the city, based upon the size or configuration of the apiary lot:

(a) One-half acre or smaller lot: up to two colonies;

(b) Larger than one-half acre but smaller than one acre lot: up to four colonies;

(c) One acre or larger lot: up to four colonies, or as determined as appropriate.

(4) The hives forming the apiary structure must be located near each other to form a single apiary. Splitting hives may be necessary to control swarm, switch queen bees, or to help the hive get through the winter. However, splitting may not be used to increase the number of hives on the property unless the appropriate amount of acreage on the apiary lot allows it.

(5) All honey bees shall be kept in hives that are in usable condition.

(6) A closed fence, closed evergreen hedge, building or other solid flyway barrier or other barrier at least six feet in height shall be located between the hive(s) and the property lines for all hives located within 20 feet of the property line unless the Community Development Director or his or her designee determines a lesser distance or height is sufficient.

(7) Hives and related structures that form the apiary shall not be located in front yards or side yards, unless there is no space in the backyard in which case beekeeping in the side yard will be acceptable, and shall be no less than 20 feet from all property lines. Location sites may be closer than stated limits with a signed written consent of the neighbor whose neighboring property is at the time of permit issuance.

(8) Hives shall be located a minimum of 30 feet from an adjoining lot's recreational areas such as patios, porches, decks, gazebos, swimming pools, and permanently affixed play equipment unless the owner of the adjoining lot at issue has provided written consent for closer hive placement.

(9) Hives shall not be located on rooftops.

(10) A beekeeper shall provide a continuous source of water to bees from a source immediately within the apiary to prevent bees from seeking water sources at nearby properties.

(11) In the event bees in a hive repeatedly exhibit aggressive behavior, the beekeeper shall remove, destroy or requeen the hive.

(12) All apiary structures must be constructed, located and maintained consistent with and in conformity to the property maintenance, landscaping and screening provisions of the Hudson City Code.

(13) If a property zoned commercially is applying for a beekeeping permit, the business must also apply for a certificate of compliance.

C. Beekeeping permit.

(1) A beekeeping permit and fee shall be required for each property where honey bee hives are maintained. A beekeeping permit is not transferable to other persons or other locations. A permit provides permission for honey beekeeping at the address listed on the permit application and by the permit holder only. Upon vacating the property, the beekeeper must remove all apiary structures and bees from the property.

(2) Application and permit fees shall be in the amount established by City fee schedules. The permit fee shall be $40 per permit for the first year. The renewal fee shall be $20. The fees may be changed by motion of the Common Council and shall be incorporated into the City fee schedule. The permit fee shall be nonrefundable in whole or in part.

(3) A beekeeping permit shall be valid for 12 months. The permit must be renewed by and the renewal fee paid on or before April 1 of each year the beekeeper wishes to keep bees. Any permits filed after April 1 will only be valid for the following year.

(4) A permit is subject to revocation upon failure to comply with any provision under the Hudson City Code as determined in writing by the Community Development Director. If a permit is revoked, a permit shall not be reissued to that person for two years.

(5) Neighborhood approval and site plan required. Before a permit is issued, applicants shall obtain and provide to the City the written consent of the owners of all adjoining or diagonally abutting properties, including those across an alley. If there are neighborhood objections, the Community Development Director or his or her designee shall forward the application to the Plan Commission and Common Council for review and consideration. The Community Development Director or his or her designee may waive the adjoining lot owner approval requirement in the case of unusual site conditions such as undeveloped neighboring property on all abutting sides or if the hives are kept a minimum of 100 feet away from all adjoining lots' homes and recreational areas such as patios, porches, decks, gazebos, swimming pools, and permanently affixed play equipment. The registration application must be denied, however, if the City receives a written objection from a resident living on adjoined or diagonally abutting properties of the permit-seeker that includes medical documentation by a licensed physician of an allergy to honey bee venom.

(6) An applicant if not the property owner, shall obtain the written consent of the owner of the property where the apiary shall be kept.

(7) An applicant must submit a scaled dimensional drawing, showing all adjoining structures and property lines together with the proposed apiary, to the satisfaction of the development director or his or her designee.

(8) Applicants shall utilize beekeeping associations, classes and training, mentoring, or a combination thereof to obtain competency in beekeeping.

D. Prohibited conduct. Beekeepers shall comply with the following:

(1) Any bee colony not residing in a hive structure intended for beekeeping or any swarm of bees not under active human management should be reported to the Community Development Director.

(2) No beekeeper shall keep bees or hives that cause any nuisance, unhealthy conditions, create a public threat or interfere with the normal use and enjoyment of any public property or property of others.

(3) Hives shall be actively maintained. If the hives are not under active human management and maintenance, the Community Development Director may order the hives to be dismantled or removed. The beekeeper shall have five days following written notice from the Community Development Director to bring the hive into compliance.

(4) Any bee colony residing in a hive which by virtue of its condition has obviously been abandoned or improperly maintained by the beekeeper is prohibited.

(5) No beekeeper shall sell honey on site unless the property is commercially zoned and a certificate of compliance is approved.

E. Penalties; inspections; enforcement; appeal.

(1) Penalties. Any person violating any provision of this section shall be subject to the general penalty provisions of this code, the penalties provided under this section and Chapter 99 and citations issued pursuant to City of Hudson Municipal Code, § 99-24, Violations and penalties.

(2) Inspections. To ensure compliance with this section and that there are no hazards or other issues present, a site inspection of the beekeeper's premises and apiary shall be required.

(3) Removal of hive. Any hive may be impounded or removed from the City for violations of this section upon order of the Community Development Director. The beekeeper shall be responsible for costs of the impoundment or removal.

(4) The Community Development Department shall issue permits and enforce the provisions of this code.

(5) Appeal. Any person aggrieved by a determination or order of the Community Development Director or his or her designee may appeal in writing to the Board of Appeals. The procedures to be followed in this case shall be the same as those followed for an appeal to any administrative decision made by the Community Development Director or his or her designee.

[1] Editor's Note: Pursuant to this ordinance, former § 99-23 was renumbered as § 99-24.

§ 99-24 Violations and penalties.

[Amended 12-17-2001 by Ord. No. 19-01]

A. Violations.

[Amended 7-6-2015 by Ord. No. 5-15]

(1) First offense. In addition to any other remedy provided by law, any person who violates any provision of this chapter shall be subject to a forfeiture of not less than $25 nor more than $1,500, plus penalty assessments and statutory costs, plus costs incurred by the City as described in Subsection B.

(2) Second and subsequent offenses. In addition to any other remedy provided by law, any person found guilty of violating this chapter who shall previously have been convicted of a violation of this chapter shall, upon conviction thereof, forfeit not less than $50 nor more than $2,500 for each such offense, together with the costs of prosecution, plus all statutory costs and assessments, together with the costs of prosecution.

(3) Each day of violation shall be a separate offense.

B. In addition to any forfeiture imposed pursuant to Subsection A above, or any deposit amount established under Hudson City Code § 26-3, an animal owner who allows an animal to run at large or to otherwise be in violation of this chapter shall be required to pay all costs the City incurs in enforcing this chapter, including but not limited to costs for animal pickup, kenneling, boarding, impound fees, or other costs related to dealing with the animal which is in violation of this chapter. If costs are not paid pursuant to judgment of conviction or citation, the City shall bill the animal owner for all costs incurred by the City. If the animal owner does not pay said costs within 30 days, pursuant to its authority under Wis. Stat. 66.0627, the City shall impose said costs as a special charge against any real estate owned by the animal owner in the City of Hudson. Said special charge shall become a lien upon the property for collection along with real property taxes.