[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 7, Ch. 1, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog, or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis. Stats.,
and includes a humane officer under § 173.03, Wis. Stats., but
does not include a conservation warden appointed under § 23.10,
Wis. Stats.
A dog or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog, cat or other
animal and the occupant of any premises on which a dog, cat or other
animal remains or to which it customarily returns daily for a period
of 10 days; such person is presumed to be harboring or keeping the
dog or cat within the meaning of this section.
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of Winneconne after the dog has reached five months of age,
the owner shall have the dog vaccinated against rabies within 30 days
after the dog is brought into the Village unless the dog has been
vaccinated as evidenced by a current certificate of rabies vaccination.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date of that immunization expires as
stated on the certificate of vaccination or, if no date is specified,
within three years after the previous vaccination. The certificate
of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Village stating the owner's name and address,
the name, sex, spayed or unspayed, neutered or unneutered, breed and
color of the dog, the date of the vaccination, the type of rabies
vaccination administered and the manufacturer's serial number, the
date that the immunization expires as specified for that type of vaccine
by the Center for Disease Control of the United States Department
of Health and Human Services and the Village.
C.
Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village of Winneconne
to own, harbor or keep any dog more than five months of age without
complying with the provisions of § 174.05 through § 174.10,
Wisconsin Statutes, relating to the listing, licensing and tagging
of the same.
(2)
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license fee and obtain a license.
(4)
Upon payment of the required license fee and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 215-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5)
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 215-2E.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license fee, and
every person owning such a dog shall receive annually a free dog license
from the Village Clerk/Treasurer upon application therefor.
B.
Multiple dog licenses. No more than three dogs are allowed in any
singular residence within the Village limits.
The Village Clerk-Treasurer shall assess and collect a late
fee as determined by Village Board from every owner of a dog five
months of age or over if the owner failed to obtain a license prior
to April 1 of each year, or within 30 days of acquiring ownership
of a licensable dog or cat
or if the owner failed to obtain a license on or before the dog reached
licensable age. Said late fee shall be charged in addition to the
required license fee. See § 215-23 for penalty fee.
A.
Area-wide rabies quarantines.
(1)
Area confinement order. If a district is quarantined for rabies,
all dogs, cats or ferrets within the Village shall be kept securely
confined, tied, leashed or muzzled. Any dog, cat or ferret not confined,
tied, leashed or muzzled is declared a public nuisance and may be
impounded. All officers shall cooperate in the enforcement of the
quarantine. The Village Clerk-Treasurer shall promptly post in at
least three public places in the Village notices of quarantine.
(2)
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
B.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice. A law enforcement or animal control officer
shall order a dog, cat or ferret quarantined if the officer has reason
to believe that the animal bit a person, is infected with rabies or
has been in contact with a rabid animal. If a quarantine cannot be
imposed because the dog, cat or ferret cannot be captured or such
animal exhibits actual signs of rabies, the officer may kill the animal.
The officer shall attempt to kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. No person shall
interfere with Village authorities or agents in carrying out their
duties in this regard. All expenses thus incurred shall be paid by
the owner or the person having custody of such dog, cat or ferret.
(2)
Sacrifice of other animals.
(a)
An officer may order killed or may kill an animal other than
a dog, cat or ferret if the officer has reason to believe that the
animal bit a person or is infected with rabies.
(b)
Any domesticated wild animal that has bitten any person, inclusive
of, but not limited to, wolf-dog hybrids, skunks and raccoons, shall
be immediately destroyed by a licensed veterinarian and the proper
specimen from the animal tested for rabies by the State Laboratory
of Hygiene. All expenses connected therewith shall be charged to the
owner or custodian of the animal.
C.
Quarantine procedures.
(1)
Vaccinated animal bite incidents. Any dog, cat or ferret which has
bitten any person and which shows evidence of a current rabies inoculation
shall be quarantined at such place as designated by law enforcement
or health authorities for a minimum period of 10 days. The dog, cat
or ferret shall be examined by a licensed veterinarian within 24 hours
of a quarantine notice and again on the 10th day after the bite. If,
in the opinion of law enforcement or health authorities, the vaccinated
animal cannot be confined securely at the residence of its owner or
custodian, or exhibits signs of illness as determined by a licensed
veterinarian, the dog, cat or ferret shall be quarantined at a veterinary
hospital under the supervision of a licensed veterinarian.
(2)
Unvaccinated animal bite incidents. Any dog, cat or ferret which
has bitten any person and which does not display evidence of rabies
inoculation shall be quarantined within 24 hours of the quarantine
order at a veterinary hospital under the supervision of a licensed
veterinarian for a minimum of 10 days. "Supervision of a licensed
veterinarian" includes, at a minimum, examination of the animal on
the first day of isolation and on the last day of isolation. If the
veterinarian certifies that the dog, cat or ferret has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period. After such period of time, such
veterinarian shall report his/her determination or findings thereof,
in writing.
(3)
Risk to animal health due to suspected exposure to a rabid animal.
(a)
If a dog, cat or ferret is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal and if the dog, cat or ferret is not currently immunized against
rabies, the custodian of an isolation facility or the owner shall
keep the animal leashed or confined for 180 days. The owner shall
have the animal vaccinated against rabies between 155 and 165 days
after the exposure to a rabid animal.
(b)
If a dog, cat or ferret is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal, but if the dog, cat or ferret is immunized against rabies,
the custodian of an isolation facility or the owner shall keep the
animal leashed or confined for 60 days. The owner shall have the animal
revaccinated against rabies as soon as possible after exposure to
a rabid animal.
(c)
No person shall keep or harbor any dog or other domesticated
animal, whether licensed or not, which is known to be, or when there
is good reason to believe the same to be, mad, rabid, vicious or dangerous
to the public.
(4)
Destruction of an animal exhibiting symptoms of rabies. If a veterinarian
determines that a dog, cat, ferret or other animal exhibits symptoms
of rabies during the original or extended observation period, the
veterinarian shall notify the owner and the officer who ordered the
animal quarantined and the officer or veterinarian shall kill the
animal in a humane manner and in a manner which avoids damage to the
animal's head. If the dog, cat, ferret or other animal is suspected
to have bitten a person, the veterinarian shall notify the person
or the person's physician.
D.
Delivery of carcass; preparation; examination by Laboratory of Hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or County Health Department. The veterinarian or County Health Department
shall prepare the carcass, properly prepare and package the head of
the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to
the State Laboratory of Hygiene and dispose of or arrange for the
disposal of the remainder of the carcass in a manner which minimizes
the risk or exposure to any rabies virus. The Laboratory of Hygiene
shall examine the specimen and determine if the animal was infected
with rabies. The State Laboratory of Hygiene shall notify the Village,
the veterinarian or County Health Department which prepared the carcass
and, if the animal is suspected to have bitten a person, that person
or the person's physician.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Cooperation of veterinarian. Any practicing veterinarian who is requested
to be involved in the rabies control program by an officer is encouraged
to cooperate in a professional capacity with the Village, the Laboratory
of Hygiene, the applicable health department, the officer involved
and, if the animal is suspected to have bitten a person, the person's
physician.
F.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
G.
State laws adopted by reference. The provisions of §§ 95.21
and 174.02(3), Wis. Stats., insofar as the same are applicable, are
incorporated by reference and made a part of this section with the
same force and effect as those set forth verbatim herein. Any amendments
to those sections shall be adopted by reference as if they were fully
set forth herein.
A.
Restrictions. It shall be unlawful for any person within the Village
of Winneconne to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
(8)
Is tied or leashed in a manner that prohibits or impairs the reading
of utility meters.
B.
Vicious dogs and animals defined.
(1)
A "vicious dog or other animal" shall be defined as follows: Any
dog or other animal shall be deemed and be presumed to be vicious
if, at any time, it bites and inflicts a serious injury to any person
or persons two or more times during the dog's or animal's life under
unprovoked circumstances and while off the dog's or animal owner's,
keeper's or caretaker's premises or property. If the dog or other
animal inflicts serious injury in a manner other than biting, said
dog or other animal shall also be deemed and presumed to be vicious
under this section.
(2)
A "serious injury" shall be defined as any abrasions, bruising, cuts,
broken bones, lacerations, internal injuries, torn or pulled ligaments
or muscles, head injuries, or any other such similar condition.
(3)
No vicious dog or other animal as defined herein shall be allowed
to be owned, kept, harbored, maintained, or cared for within the Village
of Winneconne corporate limits by any person or legal entity.
C.
Penalty for keeping vicious dogs or animals in violation of Subsection A.
(1)
Any person convicted of violating Subsection A above shall pay a forfeiture as determined by the Village Board together with all costs and assessments. The municipal court can order the animal removed from the Village. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection A or B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Winneconne.
(2)
In the event that any vicious dog or animal has been impounded, said
dog's or animal's owner shall be required to make arrangements to
have said animal removed from the corporate limits of the Village
of Winneconne within seven days of impoundment. In the event any impounded
animal has not had arrangements made to remove said animal from the
corporate limits of the Village of Winneconne within said seven-day
period, any law enforcement officer or animal control officer for
the Village of Winneconne shall be authorized to destroy said animal.
D.
Potentially dangerous dog or other animal.
(1)
POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL
(a)
(b)
(c)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The following:
Any dog or other animal, whether on or off the property of the
owner, which, when unprovoked, on two separate occasions within the
immediate prior thirty-six-month period, engages in any behavior that
requires a defensive action by any person to prevent bodily injury
when the person and the dog are off the property of the owner or keeper
of the dog.
Any dog or other animal which, when unprovoked, bites a person,
causing a less severe injury than is defined in Subsection B(2) above.
Any dog or other animal which, when unprovoked, on two separate
occasions within the immediate prior thirty-six-month period, has
killed, seriously bitten, inflicted injury or otherwise caused injury
to a domestic animal off the property of the owner or keeper of the
dog.
(2)
Restrictions and rules regarding potentially dangerous dogs or animals.
(a)
If a law enforcement officer for the Village of Winneconne has
investigated and determined that there exists probable cause to believe
that a dog or other animal is potentially dangerous, as is defined
herein, the Chief of Police shall petition the Municipal Court to
determine if the dog or other animal in question, should be declared
potentially dangerous. Whenever possible, any complaint received from
a member of the public which serves as part of the evidentiary basis
for the animal control officer or law enforcement officer to find
probable cause shall be sworn to and verified by the complainant and
shall be attached to the aforementioned petition. Notice of the hearing
before the Municipal Judge shall be given to the owner, caretaker
or keeper of the dog or animal in question no less than seven days
prior to said hearing, with said notice, together with a copy of the
petition and all sworn complaints to be either served personally,
or by certified mail with return receipt requested. All hearings under
this section shall be open to the public.
(b)
The hearing body, which shall be the Municipal Judge for the
Village of Winneconne, may admit all relevant documents and testimony
into evidence, including incident reports and affidavits of witnesses,
photographs, and personal testimony. The Municipal Judge for the Village
of Winneconne shall be the exclusive trier of the issue of whether
a dog or other animal is determined to be potentially dangerous. For
the Municipal Judge of the Village of Winneconne to determine that
a dog or other animal is potentially dangerous, there must be a preponderance
of the evidence to establish the same.
(c)
Any owner, harborer, keeper, caretaker, or other interested
party who is aggrieved by any decision of the Municipal Judge under
this section shall have the right to appeal the same by filing an
action for certiorari with the Circuit Court no more than 30 days
from the date that said aggrieved person had received written notice
of the Municipal Judge's decision on whether a dog or other animal
is potentially dangerous.
(d)
After the hearing conducted pursuant to § 215-6D(2)(a), above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified, in writing, of the determination and orders issued, either personally or by certified first class mail, return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with § 215-6D(2)(h) and (i) in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the Village of Winneconne, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.
(e)
No dog or other animal may be declared potentially dangerous
if any injury or damage is sustained by a person who, at the time
the injury or damage was sustained, was committing a willful trespass
or other tort upon premises occupied by the owner, keeper, harborer
or caretaker of the dog or other animal, or was teasing, tormenting,
abusing, or assaulting the dog or other animal, or was committing
or attempting to commit a crime. No dog or other animal may be declared
potentially dangerous if the dog or other animal was protecting or
defending a person within the immediate vicinity of the dog from an
unjustified attack or assault. No dog or other animal may be declared
potentially dangerous if an injury or damage was sustained by a domestic
animal which, at the time of the injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog or other animal.
(f)
No dog or other animal may be declared potentially dangerous
if the injury or damage to a domestic animal was sustained while the
dog was working as a hunting dog, herding dog, or predator control
dog on the property of or under the control of its owner, keeper,
harborer or caretaker, and the damage or injury was to a species or
type of domestic animal appropriate to the work of the dog.
(g)
No dog or other animal may be declared potentially dangerous
if the injury or damage to another domestic animal was sustained while
on the property or premises of the owner, harborer, keeper or caretaker
of the dog or other animal, and the injured domestic dog or animal
was upon the property not owned or maintained by the owner of the
injured or damaged domestic animal.
(h)
All potentially dangerous dogs or other animals shall be properly
licensed and vaccinated. The licensing authority for the Village of
Winneconne shall include the potentially dangerous designation in
the registration records of the dog after the Municipal Judge, after
hearing, has determined the designation applies to the dog. The Village
of Winneconne may charge a potentially dangerous dog fee in addition
to the regular licensing fee as to provide for the increased cost
of maintaining the records of the dog.
(i)
A potentially dangerous dog or other animal, while on the owner's
property, shall at all times, be kept indoors or in a securely fenced
yard from which the dog cannot escape and into which children cannot
trespass. A potentially dangerous dog or other animal may be off the
owner's premises only if it is restrained by a substantial leash,
of appropriate length, and muzzled, and if it is under the control
and supervision of a responsible adult while being restrained by said
leash and muzzle.
(j)
If a potentially dangerous dog or other animal dies, or is sold,
transferred or permanently removed from the Village of Winneconne
where the owner, harborer, keeper or caretaker so resides, said person
who owns, keeps, harbors, or caretakes a potentially dangerous dog
or other animal shall notify the chief law enforcement officer for
the Village of Winneconne or the animal control officer of the change
in condition or new location of the potentially dangerous dog or other
animal, in writing, within 48 hours of said dog or other animal's
removal.
E.
Penalty for violations of Subsection D(2). Any person or entity convicted of violating § 215-6D(2) shall pay a forfeiture as determined by Village Board, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of § 215-6D(2) may be deemed separate and distinct violations, subject to separate citations and convictions. Furthermore, any violation of § 215-6D(2) shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Winneconne, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Winneconne to enforce or effectuate the Village of Winneconne's ordinances, may impound any dog or other animal which is subject to § 215-6D(2). In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Winneconne limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Winneconne shall be authorized to destroy said animal.
F.
Unleashed dogs or other animals running at large.
(1)
No owner, keeper, harborer or caretaker of any dog or other animal
shall permit the same to be unleashed at any time said dog or other
animal is not on the owner's, keeper's, harborer's, or caretaker's
property or premises and which is upon any public street, alley, right-of-way
or any school ground, public park, cemetery or other public or private
property without the permission of the owner or occupier of the property.
(2)
A dog or other animal which is leashed or otherwise restrained by
any device that is less than 10 feet in length, which is of sufficient
strength to restrain and control said dog or other animal, and is
held by a person competent to govern and control said animal, who
has obtained the age of 10 years or more, and is able to prevent said
dog or animal from annoying or worrying pedestrians or from trespassing
on private or public property. Furthermore, a dog or other animal
is not unleashed or uncontrolled and at large if it is properly restrained
within a motor vehicle.
G.
Owner's liability for damage caused by dogs or other animals; penalties.
The provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs and other animals together with
the penalties therein set forth are hereby adopted and incorporated
herein by reference.
A.
Animal control agency.
(1)
The Village of Winneconne may contract with or enter into an agreement
with such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impounded animals and
for assisting in the administration of rabies vaccination programs.
(2)
The Village of Winneconne does hereby delegate to any such animal
control agency the authority to act pursuant to the provisions of
this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, a law enforcement or animal control
officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this Village,
assaults or attacks any person, is at large within the Village, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his/her possession a signed statement of a complaining
witness.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or animal control
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States mail, if such owner
be known to the officer or can be ascertained with reasonable effort,
but if such owner be unknown or unascertainable, the officer shall
post written notice in three public places in the Village, giving
a description of the animal, stating where it is impounded and the
conditions for its release, after the officer or warden has taken
such animal into his possession. If after seven days after such notice
the owner does not claim such animal, the officer may dispose of the
animal in a proper and humane manner; provided, if an animal before
being impounded has bitten a person, the animal shall be retained
in the animal shelter for 10 days for observation purposes. Within
such times, the owner may reclaim the animal upon payment of impoundment
fees, such fees to be established by resolution of the Village Board
or impounding agency. No animal shall be released from the pound without
being properly licensed if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner doesn't reclaim the animal
within seven days, the animal control officer may sell the animal
to any willing buyer.
E.
Village not liable for impounding animals. The Village and/or its
animal control agency shall not be liable for the death of any animal
which has been impounded or disposed of pursuant to this section.
Every owner or person harboring or keeping a dog, cat, ferret
or other domesticated animal who knows that such dog, cat, ferret
or other domesticated animal has bitten any person shall immediately
report such fact to Village law enforcement officers and shall keep
such dog, cat, ferret or other domesticated animal confined for not
less than 10 days or for such period of time as directed. The owner
or keeper of any such dog, cat, ferret or other domesticated animal
shall surrender the dog, cat, ferret or other domesticated animal
to a law enforcement or humane officer upon demand for examination.
A.
Chickens allowed. Within the Village limits of Winneconne, female
chickens (hens) are allowed in single-family dwellings.
B.
Roosters not allowed. Roosters are not allowed within the Village
limits of Winneconne.
C.
Maximum number of hens. The maximum number of hens for any sized
lot is five.
D.
No slaughtering. There will be no slaughtering of chickens within
the Village limits of Winneconne.
E.
Bird fighting. Fighting of hens and other fowl is not allowed within
the Village of Winneconne as per § 951.08, Wis. Stats.
F.
Chicken feed. All food must be kept in airtight containers that are
out of reach for wild animals.
G.
Chicken coops. Hens must be provided with a building structure that
follows the following rules:
(1)
Hens must be provided a minimum of three square feet of floor space
each.
(2)
A coop must have minimum dimensions of two feet long by two feet
wide by four feet tall.
(3)
There must be at least one nesting box per one hen.
(4)
Coops must be insulated.
(5)
Coops must have vents to ensure proper ventilation.
(6)
There must be a minimum of one foot of window for each 10 feet of
wall space.
(7)
The outside of the coop must match the main dwelling (house) in style
and color.
(8)
Coops must be cleaned daily and the waste must be properly disposed
of.
(10)
Coops must provide access to the chicken run.
(11)
Chickens shall not be allowed inside of a residence.
H.
Chicken runs. The chickens must be provided with an outdoor fenced
structure in which to run around.
(1)
Hens must be provided with at least six square feet of space each
in the run.
(2)
The minimum dimensions are two feet wide by three feet long by three
feet tall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The fencing must have spacing of no more than one inch on all sides.
(4)
The top of the run must be covered with fencing with spacing of one
inch or less.
(5)
The fencing should touch the ground if the run is mobile.
(6)
The fencing should be buried a foot under the ground if the run is
not mobile or secured to the ground.
(7)
No chicken structure or fencing may be placed closer than 10 feet
from any property line or closer than 20 feet from any neighboring
dwelling.
J.
Licenses and fees. To obtain a chicken license, the applicant must:
(1)
Obtain signatures from all adjoining property owners.
(2)
Show the desired location for the coop either on a Zoning Map or
with photos at Village Hall.
(3)
Present the design for the desired coop at Village Hall.
(4)
Pay a licensing fee as determined by Village Board annually covering
the calendar year. If paid after February 28, a late fee, as established
by Village Board, will be assessed.
K.
Penalties.
(1)
General complaints. This includes noise complaints, nuisance complaints
and any others.
(a)
First offense. A warning will be given to the permit holder
that if similar complaints continue, forfeiture will be assessed as
well as the potential loss of a license.
(b)
Second offense. Forfeiture as established by Village Board will
be assessed on the part of the permit holder.
(c)
Third offense. The license of the permit holder will be revoked
for 12 months and forfeiture as established by Village Board would
be assessed.
(2)
Animal cruelty violations. These consist of, but are not limited
to, inadequate food or water, dirty coop, improper temperature conditions
for the birds, sick or unhealthy birds, and improper size coop.
A.
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, potbellied pig, or other animal shall not permit solid
fecal matter of such animal to deposit on any street, alley or other
public or private property, unless such matter is immediately removed
therefrom by said owner or person in charge. This section shall not
apply to a person who is legally blind or physically handicapped.
B.
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of the dog, cat or other animal must also prevent
accumulation of animal waste on his/her own property by regularly
patrolling and properly disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. The owner of a dog
or cat is considered to be in violation of this section when two formal,
written complaints are filed with Village law enforcement officers
within a four-week period.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale, or buy or attempt to buy, within the Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family felidae, polar bear (thalarctos maritimus),
red wolf (canis niger), vicuna (vicugna vicugna), gray or timber wolf
(canis lupus), sea otter (enhydra lutris), Pacific Ridley turtle (lepidochelys
olivacea), Atlantic green turtle (chelonia mydas), Mexican Ridley
turtle (lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected
for use by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsections A and C herein shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a Scientific Collectors Permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus. However, such facilities shall comply with Village zoning requirements.
C.
Snakes.
(1)
For purposes of this subsection, "poisonous" shall mean having the
ability to cause serious harm or death by the transfer of venom or
poison to a person or animal.
(2)
No person shall keep or possess any snake in the Village which is
poisonous or in excess of 10 feet in length. This prohibition shall
not apply to bona fide zoos, educational institutions or exhibitions
keeping such snakes for display or for instructional or research purposes.
Any person legally possessing any such animal in this capacity shall
notify the Chief of Police, in writing, of the location and type of
snake being kept and the purpose for such possession.
D.
Exceptions; animal trials; wildlife rehabilitators. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens; if:
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 75 feet of the quarters in which
the animals are kept.
(5)
The prohibitions in this section shall not apply to animals in the
possession of a wildlife rehabilitator who is licensed by the State
of Wisconsin, Department of Natural Resources, while such animal is
being lawfully nurtured or rehabilitated for release in the wild.
No animal may be kept under this exception for a period of more than
55 days. No animal may be kept under this exception that poses a danger
to the community.
E.
Farm animals; miniature pigs. Except on properties zoned in an agricultural
classification, no person shall own, keep, harbor or board any cattle,
horses, ponies, swine, goats, sheep, pigeons, fowl (more than five)
or rabbits (more than four). For purposes of this subsection, the
term "swine" shall not include any miniature pigs of either sex weighing
less than 80 pounds which are intended for and kept as domestic pets.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Care of
dogs and domesticated animals. All dogs and domesticated animals shall
be cared for, maintained and handled in a humane and sanitary manner
and in such a way as to prevent noises, barking, fighting or howling
or other disturbance of the peace and quiet of the neighborhood. No
domestic animal shall be abandoned or turned loose by its owner or
keeper. No animal shall be inhumanely confined in a manner which causes
or is likely to cause pain, suffering, injury or death.
B.
Food and
water.
(1)
No
person owning or responsible for confining or impounding any animal
may refuse or neglect to supply the animal with a sufficient supply
of food and water as determined in this section.
(2)
The
food shall be sufficient to maintain all animals in good health.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement or animal control officer may remove, shelter
and care for an animal found to be cruelly exposed to the weather,
starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person
to be sheltered, cared for and given medical attention, if necessary.
In all cases the owner, if known, shall be immediately notified and
such officer, or other person, having possession of the animal shall
have a lien thereon for its care, keeping and medical attention and
the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.[1]
(4)
Section 951.16, Investigation of Cruelty Complaints, and § 951.17,
Wis. Seats., Expenses of Investigation, are hereby adopted by reference
and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner
of such animal cannot be located, the Village or any animal control
agency with whom the Village has an agreement or contract shall have
the authority to take custody of such animal for the purpose of providing
medical treatment, and the owner thereof shall reimburse the person
or organization for the costs of such treatment.
Acts of cruelty prohibited. No person except a law enforcement
or animal control officer in the pursuit of his/her duties shall,
within the Village, shoot or kill or commit an act of cruelty to any
animal or bird or disturb any bird nests or bird eggs.[1]
[1]
Editor's Note: The following subsections of original Sec. 7-1-19 of the 2012 compilation of ordinances, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Subsection (b), Leading Animal From Motor Vehicle; Subsection (c), Use of Poisonous and Controlled Substances; Subsection (d), Use of Certain Devices Prohibited; and Subsection (e), Shooting at Caged or Staked Animals.
A.
Purpose. The keeping of a large number of dogs and cats within the
Village of Winneconne for a considerable period of time detracts from
and, in many instances, is detrimental to, healthful and comfortable
life in such areas. The keeping of a large number of dogs and cats
is, therefore, declared a public nuisance.
B.
Number limited. No person or family shall own, harbor or keep in
its possession more than a total of three dogs and three cats in any
residential unit except that a litter of pups or kittens or a portion
of a litter may be kept for not more than 10 weeks from birth.
A.
In the interest of public health and safety, it shall be unlawful for any person, in or on Village-owned land within the Village of Winneconne to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except as provided within § 409-1B(6).
B.
All such traps set, placed or tended shall comply with Chapter 29
of the Wisconsin Statutes as they relate to trapping.
C.
Nothing in this section shall prohibit or hinder the Village of Winneconne
or its employees or agents from performing their official duties.
It shall be unlawful for any person to establish or maintain
any hive, stand or box where bees are kept or keep any bees in or
upon any premises within the corporate limits of the Village unless
the bees are kept in accordance with the following provisions:
A.
No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
B.
If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
C.
Fresh, clean watering facilities for bees shall be provided on the
said premises.
D.
The bees and equipment shall be kept in accordance with the provisions
of state law.
It shall be unlawful for anyone to place any type of feeder,
above or on the ground, for the purpose of offering any feed such
as salt, minerals, apples, corn, sunflower seeds, deer suckers, or
any other type of feed for the purpose of enticing deer or wild geese
into any specific area of anyone's property in the Village of Winneconne.
A.
Any person violating § 215-15, 215-16, 215-17, 215-18, 215-19, 215-20, 215-21 or 215-22 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Anyone who violates §§ 215-3, 215-4 and 215-5 of this Code or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who fails to have a dog vaccinated against rabies as required in § 215-2 shall be subject to the penalty prescribed by § 95.21(10)(a), Wis. Stats.
B.
Each day that a violation of this chapter continues shall be deemed a separate violation. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure, impoundment and removal from the Village by Village officials in the event the owner or keeper of the dog fails to remove the dog from the Village. In addition to the foregoing penalties, any person who violates §§ 215-6 through 215-19 of this Code shall pay all expenses including shelter, food, handling and veterinary care necessitated by the enforcement of this chapter.