[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:
Includes every living:
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.
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.
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 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.
CAT
RESIDENTIAL LOT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any feline, regardless of age or sex.
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)
(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.
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.
DANGEROUS/POTENTIALLY DANGEROUS DOG
(1)
(2)
(3)
Definitions. The terms used in this section are defined as follows:
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.
Any dog which attacks a human being or another domestic animal
without sufficient provocation.
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.
