Village of Denmark, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Includes every living:
A. 
Warm-blooded creature (except a human being);
B. 
Reptile;
C. 
Amphibian; or
D. 
Bird.
Except as otherwise specifically provided in this chapter, the statutory provisions in Chapters 173 and 951 of the Wisconsin Statutes describing and defining regulations with respect to animals, inclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made part of the 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 future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter.
A. 
No person, owner, or custodian shall permit an animal to be at large within the Village. Any animal shall be deemed to be at large when it is off the premises owned or leased by its owner or custodian unless crated, penned, or under the control of a person able to control the animal by means of a leash of sufficient strength to control the action of the animal or such other personal attention as will reasonably control the conduct and actions of the animal.
B. 
No person, owner, or custodian shall permit any animal to be left unattended within five feet of a public right-of-way.
(1) 
Such public rights-of-way include, but are not limited to, sidewalks, streets, alleys, and parking lots.
(2) 
Unattended animals shall include those animals which are crated, penned, or leashed but which are without personal supervision or control sufficient to properly restrain the animal.
C. 
No person shall permit any animal owned by or under the control of such person to trespass or be upon the property of another person without the owner's or occupant's permission.
D. 
No person having in his possession or under his control any animal shall allow the same to threaten or attack individuals who are passing or present on public or private walkways or property unless restrained by a solid fence sufficient to contain the animal.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DOG
Any canine, regardless of age or sex.
RESIDENTIAL LOT
A parcel of land zoned as residential, 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.
B. 
License required. No person shall own, harbor or keep any dog within the Village unless the dog is licensed as provided by § 174.05, Wis. Stats.
C. 
Number of dogs limited.
(1) 
The keeping of a large number of dogs in a residential district for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of a large number of dogs is, therefore, declared to be a public nuisance.
(2) 
No family shall own, harbor, or keep in its possession more than two dogs on any residential lot without the prior approval of the Village, except that a litter of pups or a portion of a litter may be kept for not more than eight weeks from birth if the mother of the pups is owned by one of the occupants of the residential lot and the mother of the pups resides at the residential lot. If more than one family resides on a residential lot, then only two dogs shall be allowed on the residential lot unless the prior approval is obtained from the Village. For the purpose of this subsection, the term "family" shall be defined as one or more persons.
(3) 
The above requirement may be waived with the approval of the Village. Such application for waiver shall be signed by the applicant and the owner of the residential lot if the landowner is not the applicant. The application shall be made to the Village Clerk who shall forward the request with a recommendation for approval or objection to the Village Board, which shall receive reports from the Police Department on such application.
D. 
Kennels. Where kennels are permitted, no kennel shall be located closer than 100 feet to the boundary of the nearest adjacent residential lot.
E. 
Loud and persistent barking prohibited. No owner or person in control of any dog shall suffer, permit, or allow such animal to bark or bay in such a manner as to detrimentally affect the peaceful repose of one or more property owners or residents of the immediate area and within earshot of the barking or baying. In determining whether the noise detrimentally affects peaceful repose, the volume of the noise, time of day, length of time the noise persists, location of the animal and prior substantiated complaints shall be relevant. Where a dog is left unattended out-of-doors, it shall be presumed the owner or person in control is permitting the noise.
F. 
Court order. The Village may commence an action pursuant to § 173.23(3), Wis. Stats.
G. 
Other methods not excluded. Nothing in this section shall be construed as prohibiting the Village or its officials from taking action in accordance with state law.
A. 
Purpose. The keeping of a large number of cats in a residential district for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of a large number of cats is, therefore, declared to be a public nuisance.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAT
Any feline, regardless of age or sex.
RESIDENTIAL LOT
A parcel of land zoned as residential, 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 of cats limited. No person shall own, harbor, or possess more than three cats on any residential lot without the prior approval of the Village, except that a litter of kittens, or a portion of a litter, may be kept for not more than eight weeks from birth. An application for prior approval of the Village shall be signed by the applicant and the owner of the residential lot if the landowner is not the applicant. If more than one family resides on a residential lot, then only three cats shall be allowed on the residential lot unless the prior approval is obtained from the Village. For the purpose of this subsection, the term "family" shall be defined as one or more persons.
A. 
Nuisance animals.
(1) 
Whereas animals, birds, and reptiles may have propensities to or may otherwise cause noise or odor or perform actions which may disturb persons in the reasonable use and enjoyment of property, or cause annoyance, discomfort, or injury to the health or welfare of persons, the keeping of any animal, bird, or reptile in conflict with any provision of this section is declared to be a public nuisance, and such animal, bird, or reptile may be impounded as provided by law.
(2) 
The keeping of any animal, fowl, reptile, mammal, or bird which affects or disturbs the public health, public peace, public safety or public decency is a public nuisance and is prohibited within the Village. No action shall be taken under this subsection unless and until the Village investigates and it has ascertained that the raising or keeping of a particular animal, fowl, reptile, mammal, or bird within the Village reasonably constitutes a condition which is detrimental to the public health, safety or welfare. For purposes of enforcing this subsection, the Police Department, Building Inspector, or other peace officer may enter any premises for the purpose of inspection. Any person who violates any provision of this subsection shall be notified by the Village of the determination that a public nuisance exists on his or her premises. Each day that the condition continues after notification by the Village shall be considered a separate violation of this subsection.
(3) 
No person shall harbor or keep any animal, bird, or reptile which disturbs the peace by loud or unusual noises at any time of the day or night.
(4) 
As stated in § 173.23(4) and § 174.01, Wis. Stats., members of the Police Department or any peace or health officer in the Village is authorized to kill any animal, bird, or reptile when it is necessary to protect persons or to prevent the communication or spread of infection or disease.
B. 
Wild animals.
(1) 
No person may keep any animal not indigenous to Wisconsin; or any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarondi, hyena, coyote, wolf, wolf hybrid, alligator, poisonous snake or eagle, prairie dog, or other like dangerous wild animal, reptile, bird or creature in any place within the Village other than in a safely and properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital, designated pound, or animal refuge, or in a well-secured vehicle while being transported without delay to or from any such authorized place or through the Village. Any such animal that is within the Village at any time without being safely and properly maintained as authorized under any of the foregoing is declared to be a public nuisance and shall be dealt with in accordance with the provisions of this section.
(2) 
It shall be no defense that the keeper of any such animal contrary to the provisions hereof has attempted to domesticate the same.
C. 
Prohibited amphibians, arachnids, or reptiles.
(1) 
No person, firm, or corporation shall bring into, keep, maintain, offer for sale or barter, or release to the wild in the Village:
(a) 
Any poisonous or venomous biting or injecting species or amphibian, arachnid or reptile (including snakes);
(b) 
Any snake not indigenous to Wisconsin; or
(c) 
Any snakes indigenous to Wisconsin of the following species, upon attaining a length of five feet or more:
[1] 
The pilot black snake (Elaphe obsoleta obsoleta).
[2] 
Bull snake (Pituophis melanoleucus).
[3] 
Fox snake (Elaphe vulpine gloydi).
(2) 
Exceptions. This subsection shall not prohibit a circus or like entertainment organization, an educational or medical institution, or a person designated by the Police Department from keeping such animals where the same are securely and humanely confined.
A. 
Any incident occurring in the Village where any animal bites a person, or is suspected of biting a person, shall be immediately reported to the Police Department or to the Brown County Health Department by any person having knowledge of such incident and the following procedure shall be followed:
(1) 
Any animal which bites a person in the Village, if it can be found, or any animal which is customarily kept within the Village and which bites a person, shall be quarantined for a period of 10 days from the day of the bite for the purpose of observation for the possibility of rabies. Such quarantine shall be effected as directed by the Health Department and may be:
(a) 
Confinement of the animal to a structure or enclosure which is adequate to restrain the animal on the premises of the owner or agent.
(b) 
Confinement of the animal with a licensed veterinarian.
(c) 
Confinement of the animal at a boarding facility approved by the Village. Costs of boarding shall be at owner's expense.
(2) 
No animal which is known or suspected to have bitten a person shall be destroyed until after the ten-day quarantine period has elapsed, unless it cannot be apprehended safely, in which case the destruction shall be accomplished without damage to the head of the animal, if at all possible. The Brown County Health Department shall be immediately notified of such destruction of the animal, and the dead animal shall not be disposed of until such specimens as the Health Department shall direct have been obtained and permission is given by it to dispose of the dead animal.
(3) 
In case an animal which has been quarantined in accordance with this subsection dies for any reason during the quarantine period, the person having custody of the animal shall immediately notify the Health Department as required in Subsection A(2) above.
B. 
Without notice, the owner, custodian, or person in control of any animal shall forfeit not less than $20 nor more than $2,500 if the animal causes injury to any person, livestock, property, deer, game birds, or the nests or eggs of game birds.
A. 
Definitions. The terms used in this section are defined as follows:
(1) 
Any dog with a propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.
(2) 
Any dog which attacks a human being or another domestic animal without sufficient provocation.
(3) 
Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
B. 
Requirements and prohibitions.
(1) 
Leash and muzzle. No person owning, harboring or having the care of a dangerous/potentially dangerous dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a dangerous/potentially dangerous dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts, and buildings. A dangerous/potentially dangerous dog on a leash outside the dog's kennel and off the owner's property shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A dangerous/potentially dangerous dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval by the Police Department.
(2) 
Confinement. All dangerous/potentially dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(1) above. The pen, kennel, or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous/potentially dangerous dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house dangerous/potentially dangerous dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) 
Confinement indoors. No dangerous/potentially dangerous dog may be kept on a porch, patio, or in part of a house or structure that would allow the dog to exit the building on its own volition. No dangerous/potentially dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) 
Prohibited in multiple dwellings. No dangerous/potentially dangerous dog may be kept within any portion of any multiple building.
(5) 
Signs. All owners, keepers, or harborers of dangerous/potentially dangerous dogs shall, within 15 days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." A similar sign is required to be posted on the kennel or pen of the dog.
(6) 
Insurance. All owners, keepers or harborers of dangerous/potentially dangerous dogs shall, within 30 days of the effective date of this section, provide proof to the Police Department of public liability insurance in a single incident amount of $1,000,000 for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of dangerous/potentially dangerous dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a ten-day written notice is first given to the Police Department. The owner or custodian of the dog shall produce evidence of the required insurance upon request of the Police Department or any other law enforcement officer. This subsection does not apply to dogs kept by law enforcement agencies.
C. 
Dangerous/potentially dangerous dog determination. The Police Department shall investigate every dog complaint and make a determination as to whether or not such dog is dangerous/potentially dangerous as defined in Subsection A above. In the event the Police Department makes a determination that the dog is dangerous/potentially dangerous, he or it shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
D. 
Appeal of dangerous/potentially dangerous dog determination. Any person aggrieved by the determination of the Police Department, as provided in Subsection C above, may appeal such determination by submitting a written appeal to the Board within 10 days of such determination. The owner, keeper, or harborer of a dangerous/potentially dangerous dog shall comply with all provisions of this section while awaiting the outcome of the appeal.
E. 
Compliance. Within 10 days of the determination that a dog is dangerous/potentially dangerous, as provided in Subsection C above, the owner, keeper, or harborer of a dangerous/potentially dangerous dog shall either comply with all provisions of this section or dispose of such dog.
F. 
Disposition of dangerous/potentially dangerous dogs. As stated in §§ 95.21(4)(c) and 174.02, Wis. Stats., any dangerous/potentially dangerous dog which attacks a human being or domestic animal may be ordered destroyed by the Police Department or any police officer when, in the judgment of a court of competent jurisdiction, the dog represents a continuing threat of serious harm to human beings or domestic animals.
The keeping or raising of honey bees is allowed within all areas of the Village. In areas not zoned for agricultural use, a site plan is required to be submitted and approved by the Zoning Administrator or his/her designee. The hives shall be centrally located on the lot and not in front of the home. The Zoning Administrator shall have the authority to relax this requirement on larger lots. The hives shall have a visual barrier, not entirely concealing the hive but providing a softening appearance. Lots smaller than one acre in size are limited to two hives. It is recommended that the hive owner join the Brown County Beekeepers Association for education and guidance purposes.
No person, firm, or corporation shall bring into, keep, maintain, offer for sale or barter, or release to the wild in the Village any live chicken or rooster.
The Police Department shall have authority to enforce the provisions of this chapter, including but not limited to seizing any animal which the Police Department reasonably believes has been taken, employed, used, or possessed in violation of this chapter. The Building Inspector may enforce any provisions of this chapter which relate to his or her position.
Any seized animal under this chapter shall be held by the Brown County Health Department or Police Department until that animal is identified as to genus and species in order to ascertain if the animal is an endangered species under § 29.604, Wis. Stats.
Except where another penalty is prescribed, any violation of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.