City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 6, Ch. 5, of the 1981 Code). Amendments noted where applicable.]
It shall be unlawful for any person in the City of Two Rivers to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this City after the dog has reached four months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the City unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination.
A. 
Upon payment of the required dog license fee and upon presentation of evidence that the dog is currently immunized against rabies, the City Clerk shall complete and issue to the owner a license for the dog bearing a serial number and in an approved form, stating the date of its expiration, the owner's name and address, and the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog.
B. 
License fees are established and listed in Title 1 of this Code.[1]
[1]
Editor's Note: See Ch. 1-2, Fees.
C. 
The owner of more than one dog may, in lieu of obtaining a license for each dog as required by this chapter, apply for and obtain a multiple dog license.
A. 
Persons applying shall complete an application for a kennel license and shall deliver that application along with the required kennel license fee to the City Clerk's office. Such forms shall be available from the City Clerk's office and the Police Department.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(1) 
The applicant must demonstrate that all animals are properly cared for, sheltered, and do not pose a health problem within the property or a nuisance within the neighborhood. An initial inspection of the property by the City's Kennel Inspector shall be required and shall be the City's basis for determining whether these requirements are met. During the course of such inspection and any subsequent annual inspections as referenced herein, the Kennel Inspector shall photograph each adult dog, cat or other domesticated animal owned, harbored or kept on the property to document the resident population of animals. Any applicants seeking such license shall further agree, in writing, to make their property available for such inspections by the City's Kennel Inspector on an annual basis as a condition of maintaining their kennel license.
(2) 
The holder of a valid kennel license shall further agree to make their property available for inspection(s) by the City's Kennel Inspector upon evidence or complaint that the above requirements have not been maintained.
(3) 
A kennel license may be revoked by the Kennel Inspector upon sufficient evidence that requirements of this section have not been met or maintained. Furthermore, a kennel license may be revoked upon evidence that the licensee has been convicted of or pleaded guilty or no contest to three or more violations, within any twelve-month period, of ordinances of the City relating to the restrictions on keeping dogs and cats. Kennel operators must reapply in accordance with Subsection A above for any subsequent permits after revocation.
(4) 
Each applicant for or holder of a kennel license having been denied a kennel license or upon their license being revoked may request the City Manager, in writing, to set a meeting with the City Council, Committee of the Whole, to discuss the matter. City Manager shall thereupon set a meeting at the mutual convenience of the Council and the person making the request.
(5) 
The person or persons granted such license shall pay an annual kennel license fee as a condition of maintaining such license. Such annual kennel license fee shall be paid prior to or on the date of the annual inspection described in Subsection A(1) above.
B. 
Such licenses may be transferred from one property to another within the City, provided that the new location is inspected and approved by the City's Kennel Inspector and provided the premises are not in violation of any other provisions of this Code. An additional kennel license fee must be paid in advance of such inspection.
C. 
Any person who keeps or operates a kennel may, instead of obtaining a dog license for each dog, apply for a multiple dog license as outlined in this chapter.
D. 
The owner or keeper of a kennel shall keep, at all times, a dog license/tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area.
E. 
Penalty. Any person who violates this section shall be subject, on conviction, to a forfeiture in the amount of not less than $50 nor more than $500, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
The City Clerk shall assess and collect a late fee as set forth in the current schedule of fees 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 if the owner failed to obtain a license on or before the date the dog reached licensable age. All late fees received or collected shall be paid into the local treasury as revenue of the City.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
An owner who fails to have a dog vaccinated against rabies as required under § 6-5-2 may be required to forfeit not less than $50 nor more than $500. Any such animal which is found without proper rabies vaccination, as allowed by state statute, may be seized by any police officer or humane officer and may be ordered impounded or ordered removed from the City at the expense of the owner. Any order that an animal be removed from the City, if given before a determination by a court of competent jurisdiction, shall be brought before such court for review as soon as possible.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AT LARGE
An animal shall be considered at large when:
(1) 
On the premises of the owner, or upon the premises of another with the property owner's consent, said animal is outside a building or fenced area, and not effectively confined to said premises by a leash, rope, chain or electronic barrier, or within the immediate control of its owner; or
(2) 
Off the premises of the owner, and upon City-owned property (including public street and alley rights-of-way) or upon the premises of another without the property owner's consent, and said animal is neither:
(a) 
Effectively controlled by the owner or other responsible person accompanying such animal, through the use of a collar and leash not exceeding six feet in length; nor
(b) 
Effectively contained within a cage or kennel, and under the control of the owner or other responsible person who is at all times within six feet of said cage or kennel.
OWNER
Any person owning, harboring or keeping a dog, cat or other animal and the occupant of any premises on which said animal remains or to which said animal customarily returns daily for a period of at least 10 days is presumed to be harboring or keeping the animal within the meaning of this section.
RESPONSIBLE PERSON
The owner or other person having custody, control or authority over an animal and/or a person in a position to provide care and be accountable for said animal.
B. 
Restrictions. It shall be unlawful for any person within the City of Two Rivers to own, harbor or keep any animal or be the responsible person for any animal which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the City.
(2) 
Attacks any person or domestic animal.
(3) 
Is at large within the limits of the City.
(4) 
Habitually barks or howls to the annoyance of any person or persons. If an animal is the subject of complaints regarding the animal's howling or barking on two or more dates, filed with the Police Department within any twelve-month period, the animal shall be deemed to habitually bark or howl as described in this section. One such complaint may be made by a law enforcement officer.
(5) 
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.
C. 
Exceptions. An animal shall not be considered at large within the meaning of this section if:
(1) 
Within the owner's motor vehicle or the motor vehicle of another with the consent of the owner of said motor vehicle; or
(2) 
Exempted under provisions of Title 7, Chapter 7-1, Parks, or Title 6, Chapter 6-5, § 6-5-9, Animals prohibited on public grounds, cemeteries and in public buildings.
D. 
Penalty. In addition to any other penalty available, any person in violation of this section shall be subject to a forfeiture of $50, plus costs. Provided, however, that such persons shall be subject to a forfeiture of $100, plus costs, for a second offense not arising out of the same incident and occurring within any twelve-month period; and $200, plus costs, for a third and any subsequent offenses not arising out of the same incident and occurring within any twelve-month period. If any person shall violate this section on three or more occasions in any twelve-month period and such violations involve the same animal, application may be made to a court of competent jurisdiction for an order requiring the removal of the animal in question from the City limits and, upon issuance of such an order, the person owning, harboring or keeping the dog in question shall be liable for all court costs incurred in obtaining the order.
A. 
For the purpose of this section, an animal shall mean any living, nonhuman creature owned, kept or maintained by any person.
B. 
For the purpose of this section, an animal is considered to be running at large if it is off the premises of its owner or keeper and not under the control of the owner or keeper or some other person.
C. 
Impounding of animals. The Police Department may seize and impound any animal running at large, or any animal required to be vaccinated for rabies and licensed which is not vaccinated for rabies and/or is unlicensed and at large or upon a person's premises. Such animal shall be impounded as soon as reasonably possible at the Manitowoc County Animal Shelter, or at some other appropriate shelter if the Manitowoc County Animal Shelter is unable or unwilling to accept the animal. Upon such impoundment the Police Department shall notify the owner or keeper personally or through the United States Mail if such owner or keeper be known to the Police Department or can be ascertained with reasonable effort. If after seven days the owner or keeper does not claim such animal, the Police Department may cause the disposal of the animal in a proper and humane manner and as allowed by applicable law.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
D. 
Owner may redeem animal. The owner or the duly authorized agent of the owner of any animal impounded may redeem the animal within the period specified upon the payment of impoundment and boarding fees as determined by the Manitowoc County Animal Shelter, or other shelter if the Manitowoc County Animal Shelter was unable or unwilling to accept the animal. In addition to these fees, the owner of the animal or the keeper of the animal shall pay an additional $50 fee to the City of Two Rivers to be used to offset the cost of transporting the animal to the animal shelter.
E. 
City not liable for impoundment. The City of Two Rivers shall not be liable for the death or injury of the animal which has been impounded or disposed of pursuant to this section.
F. 
Severability. Provisions of this section are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this section shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, paragraphs, sentences, clauses or phrases of this section which shall remain in effect.
A. 
Prohibitions.
(1) 
No dog, cat, horse or other animal is permitted on any school ground, municipal property or cemetery within the City, except to the extent permitted by this chapter, or by other section of this Code as referenced herein.
(2) 
No dog, cat, horse or other animal is permitted inside any municipal building.
B. 
Exceptions.
(1) 
These prohibitions shall not apply to public street and alley rights-of-way, except to the extent such prohibitions are addressed in Subsections C or D of this section.
(2) 
These prohibitions shall not apply to the grounds of City Hall, the Hamilton Community House and the Lester Public Library, but shall apply inside those municipal buildings.
(3) 
These prohibitions shall not apply to service animals providing assistance to disabled persons, as defined by provisions of the Americans with Disabilities Act[1] and other applicable federal or state law.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(4) 
These prohibitions shall not apply to animals participating in events held on municipal property, including within municipal buildings, with the permission of the City.
(5) 
These prohibitions shall not apply to animals participating in events held on school grounds with the permission of the school district.
(6) 
These prohibitions shall not apply to animals used by the Police Department or other City departments, or their agents, in performance of their official duties, including, by way of example but not limitation, the use of dogs for tracking, search and rescue, and horses for mounted patrol.
(7) 
These provisions shall not apply to the extent that exceptions are provided:
(a) 
Under provisions of Title 6, Chapter 6-5, § 6-5-7, Restrictions on keeping dogs, cats and other animals; and
(b) 
Under provisions of Title 7, Chapter 7-1, Parks, except to the extent such prohibitions are addressed in Subsections C or D of this section.
C. 
Downtown special events. Animals are hereby prohibited in East and West Central Park and on the public streets and sidewalks located within those street segments that are closed to vehicular traffic for the following events: Cool City Classic Car Cruise, Cool City Classic Car Show and Ethnic Festival. Exceptions in Subsection B(2) through (7) above shall be applicable to this prohibition.
D. 
Additional prohibitions or exceptions. The City Council may, by resolution, enact prohibitions or exceptions in addition to those identified above on a temporary basis for a period not exceeding 30 days.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the City. No person having in his possession or under his control any dove or pigeon shall allow the same to be at large from 9:00 a.m. to 5:00 p.m., from May 1 through July 31.
No person, except a peace officer or health or humane officer in pursuit of his duties, shall, within the City, shoot or kill or commit an act of cruelty on any animal or bird.
A. 
Areas of riding restricted. No person shall engage in horseback riding in the City except on the private property of the rider, the property of another with his consent, or designated bridle trails on public or private property.
B. 
Riding on public property restricted. No person shall engage in horseback riding upon a traveled portion of any highway, except to cross the same, or, where no shoulders exist, riding in the right-hand lane will be permitted only between the hours of sunrise and sunset; nor in school yards, public parks or on other public property, except when the same is done as a participant in connection with a public event such as a parade or fair.
C. 
Orderly riding. No person shall ride a horse in the City, except the same shall be thoroughly broken and properly restrained with a bridle. No person shall engage in a horse race on public property within the City. Every person shall ride a horse with proper care and in such a manner as not to endanger the safety or property of himself or others.
D. 
Running at large or unattended prohibited. No owner, keeper or person having a horse or horses under his control shall allow the same to run at large. No person shall allow any horse under his control to damage public or private property, nor shall any person hitch or tie a horse to any rock, tree or shrubbery or allow the animal to remain unattended on private or public property without proper consent.
E. 
Stabling of horses. No person shall keep or stable any horse, except as permitted by the Title 10 of this Code.
F. 
This section shall not apply to horses engaged in law enforcement work by the Police Department.
Any police officer may shelter and care for any animal found to be cruelly exposed to the weather, starved, 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 the person having possession of the animal shall have a lien thereon for his care, keeping, medical attention and expenses of notice. Whenever, in the opinion of a police officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, such police officer may kill such animal.
[Amended 1-20-2020]
It shall be unlawful for any person to harbor or keep a vicious animal within the City of Two Rivers. An animal is deemed to be vicious if it has attacked or bitten any person or domestic animal as defined in § 174.001(2g), Wis. Stats., and any successor thereto, or when a propensity to attack or bite persons or domestic animals exists and is known or should reasonably be known to the person harboring such animal. Any such animal which is found off the premises of its owner may, under the circumstances allowed by state statute, be seized by any police officer or humane officer and may be impounded, ordered removed from the City at the expense of the owner, or killed upon application to a court of competent jurisdiction, or otherwise to the extent allowed by state statute. Any order that a vicious animal be removed from the City, if given before a determination by a court of competent jurisdiction, shall be brought before such court for review as soon as possible. This section shall not be construed to limit the right of police officers to kill an animal without court permission when such action is allowed by statute.
A. 
Removal from property. No person owning, keeping, possessing or harboring a dog, cat, horse or any other animal shall allow the animal to soil, defecate on or commit any nuisance on public property or the property of another, unless the person responsible for the animal immediately removes and disposes all feces of the animal in a sanitary manner.
B. 
Means of transmittal required. Any person causing or permitting a dog, cat, horse or any other animal to be on any property, public or private, not owned or occupied by such person shall have in his or her immediate possession a device or object suitable for removal of excrement and a depository for the transmission of excrement to the property owned or occupied by such person.
A. 
Surrender of animal. The owner of any dog, cat or other animal, where there is a rabies vaccine approved, licensed, or shown to be efficacious for that animal, which has bitten any person, shall, upon the demand of the Police Department, produce and surrender such animal to said department to be held in quarantine for a minimum of 10 days.
B. 
Quarantine.
(1) 
Any dog, cat, or other animal, where there is a rabies vaccine approved, licensed, or shown to be efficacious for that animal, which does not have a currently valid antirabies vaccination, must be quarantined at the Lakeshore Humane Society Animal Shelter or at a veterinary hospital of the owner's choice for a period of 10 days. Charges for boarding of such animal during the quarantine period shall be assumed by the owner of such animal.
(2) 
Any dog, cat, or other animal, where there is a rabies vaccine approved, licensed, or shown to be efficacious for that animal, which has a currently valid antirabies vaccination, may, at the discretion of the Police Department, be held in quarantine on the premises of the owner for a period of 10 days. Failure on the part of the owner to obey all conditions and directions of the Police Department pertaining to the quarantine period shall result in the immediate impoundment of the animal in a veterinary hospital for the remainder of the quarantine period. Costs for boarding such animal shall be paid by the owner prior to the animal's release.
C. 
Captive wildlife bites. Captive wildlife are wild carnivores, mammals, and bats (as well as the offspring of wild animals crossbred with domestic dogs and cats, such as wolf hybrids) for which there is no vaccine approved, licensed or shown to be efficacious. Therefore, in all bite cases these captive wildlife are considered to be a wild, nonvaccinated animal regardless of its vaccination status. These captive wildlife animals involved in bite incidents shall be, as immediately as is possible, taken into custody and be humanely killed with the head submitted to the State of Wisconsin for rabies examination. The total cost of euthanasia, transportation, expenses and examination related to this captive wildlife bite animal will be the responsibility of the owner of the captive wildlife involved.
D. 
Animal suspected of rabies. The owner of any dog, cat or other animal which has contracted rabies, or which has been subjected to the same, or which is suspected of having rabies, shall immediately notify the Manitowoc County Humane Officer or the Police Department of the City of Two Rivers. The owner shall produce and surrender such animal to the officer to be held in quarantine at a veterinary hospital for a period needed by the veterinarian to determine if it is rabid or not.
E. 
Cost of quarantine. The owner shall assume the charges for boarding such animal during the quarantine period.
F. 
Penalty. Any person who fails to produce and surrender any animal pursuant to this section shall be subject to a forfeiture consistent with the penalty section of the City Code.
G. 
Killing of rabid animal. No person other than the humane officer shall kill or cause to be killed any animal suspected of being rabid. The animal suspected of being rabid shall be placed in quarantine and a diagnosis of rabies made by a licensed veterinarian. If a veterinarian does diagnose rabies in an animal in quarantine, then the animal shall be humanely euthanized and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis.
A. 
A wolf/dog hybrid is defined as any crossbreed resulting from the mating of a domesticated dog and a wolf, coyote, jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:
(1) 
The term "canine animal" includes all members of the family canidae, except foxes.
(2) 
The term "domesticated dog" means canis familiaris.
(3) 
The term "wolf" includes both canis lupus and canis niger.
(4) 
The term "coyote" means canis latrans.
(5) 
The term "jackal" means canis aurens.
(6) 
The term "dingo" means canis dingo.
B. 
No person shall harbor, keep or maintain within the City of Two Rivers any wolf/dog hybrid. This prohibition shall not apply to animals being transported through the City limits of the City of Two Rivers within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the City of Two Rivers before it has reached the age of five months. Wolf/dog hybrids permitted in the City of Two Rivers shall be confined as set forth in this section.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
C. 
Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the City of Two Rivers, that person shall, to the satisfaction of the court, remove said animal from the City of Two Rivers until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by the City of Two Rivers Police Department until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid, it shall be removed from and not returned to the City of Two Rivers.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
D. 
The owner of any wolf/dog hybrid permitted to be kept in the City of Two Rivers, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section.
E. 
A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:
(1) 
The first enclosure shall be constructed of not less than nine-gauge galvanized chain-link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.
(2) 
The first enclosure shall extend to a height of not less than eight feet and shall be surrounded from ground level to a height of not less than four feet by 1/4-inch galvanized mesh screening.
(3) 
The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.
(4) 
The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision; except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain-link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.
(5) 
Both enclosures shall be kept locked with case hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut of their own accord behind anyone entering that enclosure.
(6) 
Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.
(7) 
The above-described enclosures shall be located in the rear yard, as defined in § 10-1-7 of the City of Two Rivers Code, of any property on which a wolf/dog hybrid is kept.
F. 
A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with 1/4-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration, but will prevent it from biting any person or animal.
G. 
To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement, or other written evidence relating to the bloodlines or ownership of a canine animal found within this City shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.
H. 
No person shall own, harbor or keep in his/her possession on any one parcel of property more than three wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.
I. 
The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.
J. 
Violation of any of the foregoing provisions of this section shall be subject to penalties as provided in the general penalty provisions of the Municipal Code of the City of Two Rivers, as set forth in § 1-1-5 thereof.
K. 
No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within this City.
L. 
Any person who violates Subsection K of this section shall forfeit not more than $10,000, plus the cost of prosecution, for each violation. Any person who is in default of the payment of forfeitures or costs imposed hereunder, unless found indigent by a court of competent jurisdiction, shall be imprisoned in the Manitowoc County jail for up to 90 days for each violation or until payment has been made.
M. 
The provisions of this section are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this section shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, paragraphs, sentences, clauses and phrases of this section, which shall remain in effect.
N. 
As to any person keeping wolf/dog hybrids in existing enclosures in the City of Two Rivers on the date of passage of this section, Subsection E shall take effect on August 15, 1996; for all other persons, said subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.
A. 
In this section, "wolf/dog hybrid" shall be defined as provided in § 6-5-17A of this Code of the City of Two Rivers.
B. 
All owners of any wolf/dog hybrid in the City of Two Rivers shall, on or before July 1, 1996, and annually thereafter on or before April 1 of each year, register such animal and provide a current color photograph of such animal to the City Clerk's office and pay a registration fee of $25. At the time of registration, each owner of any wolf/dog hybrid kept within the City limits of the City of Two Rivers shall provide to the City Clerk proof of liability insurance in the amount of at least $100,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the City of Two Rivers as coinsured solely for the purpose of notice of cancellation of such insurance policy.
C. 
The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: "WARNING — WOLF/DOG HYBRIDS PRESENT". One such sign shall be placed in the front yard, as said term is defined in § 10-1-7 of this Code of the City of Two Rivers, of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required under § 6-5-17 of this Code of the City of Two Rivers.
D. 
Any person who fails to register a wolf/dog hybrid or fails to post signage as required by this chapter shall be subject to penalty as provided in the general penalty provisions of this Code of the City of Two Rivers as set forth in § 1-1-5 thereof.
E. 
The provisions of this section are declared to be severable, and if any section, paragraph, sentence, clause or phrase of this section shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, paragraphs, sentences, clauses and phrases of this section, which shall remain in effect.
The City Council may by resolution except all or any portion of a school ground, public playground, public park, beach area, or other public grounds or cemetery within the City from the application of the requirements of all or any part of §§ 6-5-7, 6-5-9 or 6-5-15 of this Code when it deems such exception to be in the public interest. Such resolution may include such conditions and restrictions as the Council may deem necessary to protect the health, safety and welfare of the general public, and residents and property owners of the City. Any such resolution may be repealed, modified or superseded by subsequent resolution of the Council.
A. 
No person may place or allow any device or any fruit, grain, mineral, plant, salt, vegetable or other materials outdoors on any public or private property for the purpose of attracting or feeding deer.
(1) 
It shall be the duty of each property owner to remove any materials placed on the owner's property in violation of this section. Failure to remove such material within 24 hours after notice from the City shall constitute a separate violation of this section.
(2) 
It shall be the duty of each property owner to remove any device placed on the owner's property from which deer actually feed. Alternatively, property owners may modify such a device to prevent deer from having access to or feeding from the device, or make such other changes to the property that prevent deer from having access to the device. The failure to remove such a device or to make such modifications within 24 hours after notice from the City shall constitute a separate violation of this section.
B. 
Presumption. There shall be a rebuttable presumption that either of the following acts are for the purpose of attracting or feeding deer:
(1) 
The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of not more than two quarts at a height of less than five feet off the ground;
(2) 
The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of more than two quarts in a drop feeder, automatic feeder, or a similar device regardless of the height of the fruit, grain, mineral, plant, salt, vegetable or other material.
C. 
Exceptions. This section shall not apply to the following situations:
(1) 
Planted material growing in gardens, or as standing crops.
(2) 
Naturally growing materials, including but not limited to fruit and vegetables.
(3) 
Stored crops, provided the stored crop is not intentionally made available to deer.
(4) 
Unmodified commercially purchased bird feeders or their equivalent.
(5) 
Materials used to attract deer for the purpose of hunting or harvesting as allowed by the State of Wisconsin and the City.
(6) 
Deer feeding authorized by the City Council on a temporary bases by resolution for a specified public purpose.
D. 
Penalty. Any person violating any provision of this section shall forfeit not less than $50 nor more than $500 for each offense, together with costs of prosecution. A separate offense shall be deemed committed on each day or part of each day during which a violation occurs or continues.
A. 
Purpose. The owning, harboring, maintaining or keeping by any person of a large number of dogs, cats, or a combination of those animals, within the City detracts from the quality of life within the City due to various noise, odor, health and safety problems which may create a public nuisance.
B. 
Limitation. No person or persons may own, harbor, maintain, or keep in their possession in any apartment, house, condominium, or on any single parcel of land, more than three dogs, five cats, or any combination of those animals exceeding five in number, over the age of five months, unless they possess a valid kennel license which is in full force and effect. Notwithstanding the foregoing to the contrary, any litter of puppies or kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth. Dogs or cats over the age of five months shall be considered "adult" animals, as that term is used in this section.
C. 
Exception by permit. Any person or persons who do not possess a valid kennel license and, following the effective date of this section, own, harbor, maintain or keep any adult dogs and/or cats on a premises in the City of Two Rivers in excess of the maximum number permitted herein may retain those animals if the following conditions are met:
(1) 
Such person or persons shall complete an application for permit granting temporary waiver of the requirements of this chapter related to maximum number of dogs and/or cats, and shall deliver that application along with the appropriate waiver permit fee (as established in Title 1 of this Code)[1] to the City Clerk's office. Such permits may be granted to responsible pet owners and noncommercial kennel owners who have completed an application for permit granting waiver of the requirements of this chapter related to maximum number of dogs and/or cats, who have adult dogs and/or cats on their premises in numbers that exceed the limits established herein, to obtain and retain a waiver subject to the terms of this section.
[1]
Editor's Note: See Ch. 1-2, Fees.
(2) 
The applicant(s) must demonstrate that all animals are properly cared for, sheltered, and do not pose a health problem within the property or a nuisance within the neighborhood. An initial inspection of the property by the City's Kennel Inspector shall be required and shall be the City's basis for determining whether these requirements are met. During the course of such inspection and any subsequent annual inspections as referenced herein, the Kennel Inspector shall photograph each adult dog and cat owned, harbored or kept on the property, to document the resident population of dogs and cats. Any applicants seeking such permit shall further agree, in writing, to make their property available for such inspections by the City's Kennel Inspector on an annual basis as a condition of maintaining their temporary exception from the requirements of this section.
(3) 
The person or persons granted such permit shall pay an annual inspection fee as indicated in Title 1 of this Code.[2]
[2]
Editor's Note: See Ch. 1-2, Fees.
(4) 
All dogs must be properly licensed.
(5) 
The holder of a valid waiver permit shall further agree to make the property available for inspection(s) by the City's Kennel Inspector upon evidence or complaint that the requirements of this section are not being met.
(6) 
A waiver permit may be revoked by the Kennel Inspector upon sufficient evidence that the requirements of this section are not being met or that the permittee has been convicted of or pleaded guilty or no contest to three or more violations within any twelve-month period of ordinances relating to restrictions on keeping dogs and cats. Any person whose waiver permit has been revoked must reapply for such a permit in accordance with the provisions of Subsection C.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(7) 
Each applicant or holder of a waiver permit having been denied a permit, or after having their permit revoked, may request, in writing, to the City Manager to set a meeting with the City Council, Committee of the Whole, to discuss the matter. The City Manager shall thereupon schedule a meeting at a time mutually convenient to the Council and the person making the request.
(8) 
Such permits may be transferred from one property to another within the City, provided that the new location is first inspected and approved by the City's Kennel Inspector and is not otherwise in violation of this Code. An additional waiver permit fee must be paid in advance of such inspection.
D. 
Penalty. Any person who violates this section shall be subject, on conviction, to a forfeiture in the amount of not less than $50 nor more than $500, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
[Amended 3-5-2018]
Chickens (hens only) and ducks may be kept in accord with the following requirements and standards:
A. 
License. Prior to establishing the use, a license shall be obtained from the City Clerk for the keeping of chickens and ducks and the construction of the coop and related fencing. The application for the license shall include a location sketch of the coop and fencing, showing property lines and nearby structures. A fee shall be paid with submittal of the application in accord with the City's Fee Schedule.[1]
[1]
Editor's Note: See Ch. 1-2, Fees.
B. 
Limitation.
(1) 
No person or persons may keep more than six chickens or ducks, or any combination of those exceeding six in number, per dwelling unit. Chickens shall be hens only. No roosters.
(2) 
Keeping more than six chickens or ducks per dwelling unit may be permitted as a conditional use in certain residential districts. See §§ 10-1-12, 10-1-20, 10-1-21 and 10-1-22 of Chapter 10-1, Zoning Code.
C. 
Shelter and fencing. Chickens and ducks shall be kept in a coop and shall have an adjacent fence-enclosed area. The coop and fenced area shall be located in the rear yard only. The coop shall not exceed 50 square feet in area or 10 feet in height. The coop and fenced area shall not be closer than 10 feet to any lot line. Such facilities shall not conflict with any public or private utilities, drainage facilities or any easements related thereto.
D. 
Public nuisance. Chickens and ducks keeping shall not cause a public nuisance due to noise, odors, unsanitary conditions or any operational features. The City may take enforcement actions as necessary to abate any public nuisances in accord with Title 9, Chapter 9-6, Public Nuisances.
E. 
Personal use only. The keeping of chickens and ducks shall be for the personal use of the owner. There shall be no business operations wherein the owner receives any compensation or trade for eggs, meat or the sale of chickens and ducks.
F. 
Deed restrictions or covenants. It shall be the property owner's responsibility to verify that keeping of chicken and ducks are permitted uses in any deed restrictions or covenants applicable to the subject property.
G. 
Penalty. Any person who violates this section shall be subject, on conviction, to a forfeiture in the amount of not less than $50 nor more than $500, plus costs and fees imposed by law. Each day a violation continues or occurs shall constitute a separate offense.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
[Added 12-16-2019]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APIARY
The assembly of one or more colonies of honey bees.
BEEKEEPER
A person who owns or has charge of one or more colonies of honey bees.
BEEKEEPING EQUIPMENT
Any item used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
COLONY
A hive and its equipment and appurtenances, including honey bees, comb, honey pollen and brood.
HIVE
The receptacle inhabited by a colony that is manufactured or created for that purpose.
HONEY BEE
All life stages of the common domestic honey bee, Apis mellifera species of European origin, limited to the Italian, Carnolian and Buckfast species.
LOT
A contiguous parcel of land under common ownership.
NUCLEUS COLONY
A small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose.
RESIDENTIAL LOT
A parcel occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel adjoining a dwelling and under the same ownership shall constitute one lot.
UNDEVELOPED PROPERTY
Any idle land that is not improved or in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in association therewith.
B. 
Permits and fees required.
(1) 
A permit is required to keep or maintain any hive or other facility for the housing of honey bees on or in any property.
(2) 
Permit application and fees. Application for a beekeeping permit shall be made by the beekeeper upon forms furnished by the Zoning Administrator. Permit fees shall be as set forth in § 1-2-1 of this Code. The Zoning Administrator shall assess and collect a late fee as set forth in § 1-2-1 from any owner who fails to obtain a permit within one month of ownership or possession of the colony. The following information shall be provided at the time of application and with each renewal:
(a) 
A detailed lot diagram, drawn to scale, of the beekeeping equipment location, including the distances to property lines and from nearby structures on neighboring properties.
(b) 
Provide documentation which identifies the species of honey bees to be purchased or that have been purchased.
(c) 
If the application complies with the requirements of Subsections A, B and C, the City shall send by regular mail information regarding beekeeping and the proposal to adjacent property owners within 200 feet of the applicant's proposed permitted property. This information shall include behavior of honey bees and the location of hives on the subject property.
[1] 
The application shall be referred to the Plan Commission for review.
[2] 
The Plan Commission may approve, deny or approve the permit with conditions, limitations or prohibitions prescribed by the Plan Commission.
(d) 
Provide written documentation of the successful completion of an annual inspection by a state Apiary Inspector or a member of a local beekeeping organization approved by the City at the time of each renewal.
(3) 
Permits shall not be transferable or refundable. Only the owner of the lot upon which the hive(s) is proposed to be kept, or an occupant of the lot with the owner's written permission, is eligible to obtain a beekeeping permit. Only one beekeeping permit shall be issued per premises.
(4) 
Permits shall be valid for a period of one year, from January 1 through December 31 and may be renewed annually. Permit fees shall not be prorated.
C. 
Conditions for keeping and maintaining hives.
(1) 
Only honey bees (hereinafter referred to collectively and individually as "bees") may be kept under this section.
(2) 
Keeping of bees shall not be permitted on lots containing three or more dwelling units (multifamily dwellings).
(3) 
Beekeeping equipment shall be restricted to rear and interior side yards.
(4) 
Beekeeping equipment shall not be located closer than 10 feet from any property line, 25 feet from a street, alley or public sidewalk, and 25 feet from a dwelling unit, gazebo, deck, porch, swimming pool, permanently affixed play equipment and any other habitable area on an abutting lot.
(5) 
No more than two hives are allowed per lot.
(6) 
No hive shall exceed 20 cubic feet in volume.
(7) 
Bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.
(8) 
Hives must have a constant, adequate and convenient source of fresh water available to the colony.
(9) 
Hives must have a flyaway barrier comprised of a wall, fence, dense vegetation or combination thereof, at least six feet tall which shields any part of a property line that is within 25 feet of a hive. A flyaway barrier is not required if all property adjoining the apiary lot line is undeveloped, is zoned nonresidential, is a wildlife management area or a nature center, provided no recreational, bicycle or foot trails are located within 25 feet of the apiary lot line.
(10) 
For each apiary the beekeeper shall conspicuously post a sign including the words "HONEY BEE HIVE" and the beekeeper's name and telephone number clearly readable at 25 feet. Said sign shall be placed in the front yard of the premises and shall not exceed two square feet in area. A copy of the permit shall be placed in a conspicuous place on the hive.
[Amended 1-20-2020]
(11) 
The beekeeper shall ensure that no wax comb or other materials that may encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials, once removed from the site, shall be handled and stored in sealed containers or placed within a building or other insect-proof container.
(12) 
Each beekeeper shall maintain beekeeping equipment in good condition, including keeping the hives painted, securing unused equipment from the weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honey bees.
(13) 
Hives shall be actively maintained. Hives not under active human management and maintenance shall be deemed abandoned and dismantled or removed from the property by the property owner.
(14) 
In any instance in which a hive exhibits unusually aggressive characteristics, it shall be the duty of the beekeeper to destroy or requeen the hive. Queens shall be selected from stock bred for gentleness and nonswarming characteristics.
(15) 
In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.
D. 
Inspection. City staff shall have the right to enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section. Where practicable, prior notice shall be given to the beekeeper.
E. 
Enforcement.
(1) 
The City may suspend or revoke any permit issued pursuant to this section for violations of ordinances, laws or for other good cause.
(2) 
Violations of this section may constitute a public nuisance under Title 9, Chapter 9-6, Public Nuisances, of this Code. Nothing in this section shall be construed as prohibiting the abatement of a public nuisance by the City in accordance with local ordinances, state or federal laws.
F. 
Penalty. Any person who violates any provisions of this section or permits or causes a public nuisance shall be subject to the general penalty provision of this Code.[1]
[1]
Editor's Note: See Ch. 1-1, Art. II, General Penalty.