[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 7, Ch. 1, of the 1998 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:[1]
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 or cat and
the occupant of any premises on which a dog or cat 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 chapter.
An animal kept and treated as a pet.[2]
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 or cat whenever the dog or cat is outdoors unless the dog
or cat is securely confined in a fenced area.[3]
A.
Rabies vaccination. The owner of a dog or cat shall have the dog
or cat vaccinated against rabies by a veterinarian at no later than
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or cat or brings the dog
or cat into the Village of Brandon after the dog or cat has reached
five months of age, the owner shall have the dog or cat vaccinated
against rabies within 30 days after the dog or cat is brought into
the Village unless the dog or cat has been vaccinated as evidenced
by a current certificate of rabies vaccination. The owner of a dog
or cat shall have the dog or cat 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. The certificate of vaccination
shall meet the requirements of § 95.21(2), Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog or cat 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 or cat, 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 Centers for Disease Control and Prevention
of the United States Department of Health and Human Services and the
Village.[2]
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 or cat
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 or cat at all times, but this requirement does not apply to a dog or cat during competition or training, to a dog while hunting, to a dog or cat securely confined indoors or to a dog or cat 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 subsection do not apply to a dog or cat 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 and cat licenses.
(1)
It shall be unlawful for any person in the Village of Brandon to
own, harbor or keep any dog or cat 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.
(2)
The owner of any dog or cat 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 or cat becomes five months
of age, pay a license tax and obtain a license.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by § 187-2 of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog or cat containing all information required by state or local law. The Village 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 or cat for which the license is issued at all times, except as provided in § 187-2E.
(6)
The fact that a dog or cat is without a tag attached to the dog or
cat by means of a collar shall be presumptive evidence that the dog
or cat is unlicensed. Any law enforcement or humane officer shall
seize, impound or restrain any dog or cat for which a dog or cat 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 tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Treasurer upon application therefor.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead of the license tax for each dog or cat required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as set by the Village Board. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs or cats over five months of age are currently immunized against rabies, the Village Treasurer shall issue the kennel license and a number of tags equal to the number of dogs or cats authorized to be kept in the kennel. Kennels may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under Chapter 485, Zoning, of the Code of the Village of Brandon; kennels may be inspected at any time for compliance with this chapter.[2]
(2)
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog or cat over five months
old kept by the owner or keeper under a kennel license, but this requirement
does not apply to a show dog or cat during competition, to a dog or
cat securely confined indoors or to a dog or cat securely confined
in a fenced area. These tags may be transferred from one dog or cat
to another within the kennel whenever any dog or cat is removed from
the kennel. The rabies vaccination tag or substitute tag shall remain
attached to the dog or cat for which it is issued at all times, but
this requirement does not apply to a show dog or cat during competition,
to a dog or cat securely confined indoors or to a dog or cat securely
confined in a fenced area. No dog or cat bearing a kennel tag shall
be permitted to stray or to be taken anywhere outside the limits of
the kennel unless the dog or cat is in leash or temporarily for the
purposes of hunting, breeding, trial, training or competition.[3]
(3)
The term "kennel" means any establishment wherein or whereon three
or more dogs or cats are kept.
(4)
No kennel license shall be issued to the keeper or operator of a
kennel who fails to provide proper food and drink and proper shelter
for the dogs or cats in said kennel or who neglects or abandons said
dogs or cats. Designated officials shall investigate any complaints
regarding the failure to maintain proper standards or investigate
any kennel premises upon their own initiative. Expressly incorporated
by reference in this section as minimum standards for kennel keepers
or operator are the relevant provisions of Chapter 951 of the Wisconsin
Statutes.[4]
(5)
A condition of a kennel license shall be that the licensed premises
may be entered and inspected at any reasonable hour by appropriate
Village officials without any warrant, and the application for a license
hereunder shall be deemed a consent to this provision. Any refusal
to permit such inspection shall automatically operate as a revocation
of any license issued hereunder and shall be deemed a violation of
this section. Should any kennel be found to constitute a public nuisance,
the license shall be revoked and the nuisance abated pursuant to Village
ordinances.
The Village Treasurer shall assess and collect a late fee as
set by the Village Board from every owner of a dog or cat 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 or cat reached licensable age. Said late fee shall be charged
in addition to the required license fee.
A.
Dogs and cats confined. If the Village is quarantined for rabies,
all dogs and cats within the Village shall be kept securely confined,
tied, leashed or muzzled. Any dog or cat 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 shall promptly post in at least three public places
in the Village notices of quarantine.[1]
B.
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.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer or animal warden
shall order a dog or cat 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 or cat cannot be captured, 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.
(2)
Sacrifice of other animals. An officer may order killed or may kill
an animal other than a dog or cat if the officer has reason to believe
that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
An officer or animal warden who orders a dog or cat to be quarantined
shall deliver the animal or shall order the animal delivered to an
isolation facility as soon as possible but no later than 24 hours
after the original order is issued or the officer may order the animal
to be quarantined on the premises of the owner if the animal is immunized
currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. If the dog or cat has
not had a rabies vaccination, the dog or cat may only be confined
at an isolation facility maintained by a veterinarian. In this subsection,
"supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation
and on one intervening day. If the observation period is not extended
and if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat 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 or cat 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 or cat 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 or cat 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.
(4)
Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat 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 or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
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.[2]
F.
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 County Health Department, the officer involved and,
if the animal is suspected to have bitten a person, the person's
physician.[3]
G.
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.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the Village
of Brandon 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.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of its owner unless
muzzled or on a leash in charge of the owner or a member of the owner's
immediate family over 16 years of age. For purposes of enforcing this
section, a dog shall be deemed as being of a vicious disposition if,
within any twelve-month period, it bites two or more persons or inflicts
serious injury to one person in unprovoked circumstances off the owner's
premises.
(2)
No person shall harbor or permit to remain on his/her premises any
animal that is habitually inclined toward attacking persons or animals,
destroying property, barking excessively or making excessive noises
or running after automobiles.
C.
Animals running at large.
(1)
No person having in his/her possession or ownership any animal or
fowl shall allow the same to run at large within the Village. The
owner of any animal, whether licensed or unlicensed, shall keep his
animal tied or enclosed in a proper enclosure so as not to allow said
animal to interfere with the passing public or neighbors. Any animal
running at large unlicensed, and required by state law or Village
ordinance to be licensed, shall be seized and impounded by a humane
or law enforcement officer or animal warden.
(2)
A dog or cat shall not be considered to be running at large if it
is on a leash not to exceed 10 feet in length and under control of
a person physically able to control it when the animal is off of the
owner's premises.
D.
Animals restricted on public grounds and cemeteries. No dog or cat
shall be permitted in any public playground, school grounds, in the
pond area, beach/swimming area, playground area, volleyball area,
bleacher area and nature trail of the Village parks. A dog or cat
will be allowed in the Village parks in all other areas if on a leash
and under control. All persons will be required to clean up after
their dogs. Dogs and cats are prohibited from being in cemeteries
except when confined in a vehicle. Every dog specially trained to
lead blind persons shall be exempt from this subsection.
[Amended 5-11-2015 by Ord. No. 2015-01]
E.
Owner's liability for damage caused by dogs; penalties. The
provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs together with the penalties therein
set forth are hereby adopted and incorporated herein by reference.
F.
Cat collars. Cats allowed outside the owner's residence, and
not on a leash, shall wear a collar that is manufactured with bells
on the collar.
G.
Nuisance cats prohibited. Owners of a cat that is a nuisance, such
as tearing open garbage bags, crawling on vehicles, entering garages
or buildings, using sandboxes for a litter box, or any other conduct
that is a nuisance or disturbance to another Village residence, shall
restrain the cat from future behavior that constitutes a nuisance.
H.
Keeping of chickens.
[Added 8-14-2017 by Ord.
No. 2017-03]
(1)
Title, purpose, authority for subsection.
(a)
Title. This subsection shall be known, cited and referred to
as the "Keeping of Chickens Ordinance" (hereafter "Chickens").
(b)
Purpose and authority. The following regulations will govern
the keeping of chickens in R-1 Single-Family Residential and R-2 One-
and Two-Family Residential zoning districts and are designed to prevent
nuisances and prevent conditions that are unsanitary or unsafe. No
person shall keep chickens unless the following regulations are followed:
[1]
The residents of the Village of Brandon (hereafter as "Village")
adopt this subsection to prevent nuisances and prevent conditions
that are unsanitary or unsafe.
[2]
These regulations are established pursuant to the authority
granted to cities by the Wisconsin Legislature in § 61.34,
Wis. Stats., Powers of Village Board.
(2)
CHICKEN
CHICKEN RUN
COOP
KEEP
ROOSTER
Definitions. The following terms, when used in this Subsection H, shall have the meanings set forth below:
A domestic chicken of the sub-species Gallus gallus domesticus.
A fenced cage attached to a coop at least 10 square feet
in area per chicken and not to exceed 40 square feet in area.
A new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this subsection. A coop shall be considered an accessory building under § 485-74 of the Code of Ordinances.
Either the owning, keeping, possessing or harboring of a
chicken.
A male chicken of any age, including a capon or otherwise
neutered male chicken.
(3)
Permit required.
(a)
Any person who owns, keeps or harbors chickens on land in the
Village which the person owns, occupies or controls shall obtain a
permit issued by the Village of Brandon.
(b)
The permit is valid January 1 through December 31.
(c)
A permit will only be issued to the property owner.
(d)
Residents deciding to own, keep or harbor chickens for successive
years must obtain a new license for each term year they own, keep
or harbor such chickens.
(e)
Applications shall be made to the Village Clerk and the permit
and late fee for the license shall be in the amount established by
resolution of the Village Board and available for review on the annual
fee schedule on file at Village Hall.
[1]
The annual permit fee shall be paid no later than March 31 of
each year or prior to obtaining the chickens or a late fee will be
assessed.
[2]
A triple permit fee will be assessed for any person who owns,
keeps, or harbors chickens in the Village without first obtaining
a permit therefore.
[3]
License fees shall not be prorated or refundable.
[4]
In the event a complaint has been filed with the Village prior
to renewal of said license within the calendar year prior to renewal,
applicants must receive written approval from not less than 50% of
the owner-occupied neighboring property owners whose property is within
100 feet of the applicant's property lines exclusive of street
right-of-way prior to approval of said license by the Village Board.
If no complaint has been received, the license application shall be
processed by the Village Clerk.
(f)
All applicants must notify the owner or operator of the property
if the applicant is not the owner or operator. Notification is not
required for renewal of a permit.
(g)
Permit applications submitted by a person other than a record
title owner of the property upon which chickens will be kept shall
provide written consent of the property owner with the permit application.
(h)
All permit applications shall be accompanied by satisfactory
evidence that the applicant has registered the proposed location with
the Wisconsin Department of Agricultural Trade and Consumer Protection
pursuant to § 95.51 Wis. Stats. and 47 ATCP Wis. Admin.
Code.[2]
[2]
Editor's Note: So in original.
(4)
Permit revocation.
(a)
A permit is subject to revocation by the Police Chief or his/her
designee upon failure to comply with any provisions hereof. Such revocation
is subject to appeal by the Planning Commission. Once a permit is
revoked, a permit shall not be reissued.
(b)
The Village of Brandon and its officers may revoke a license
if there are three or more violations within any consecutive twelve-month
period of this or any other section of this Code.
(c)
A complaint against any person owning, keeping or harboring
chickens in accordance with this section may be filed with the Village
or the Fond du Lac County Department of Public Health. If filed with
the Village, the Village shall then be required to forward the complaint
to the Fond du Lac County Department of Public Health. If the Fond
du Lac County Public Health Department, the Village of Brandon or
their agents determines that conditions are unsanitary, or if for
any reason a nuisance exists, they shall have authority to order the
owner or occupant of the premises to abate the nuisance and it shall
thereupon be unlawful to keep such chickens on the premises.
(d)
If an investigation from the Village reveals that the use of
chickens is in violation of this section or any other section of this
Code the Village shall have authority to require the owner or user
of the property to fix, abate, or alleviate the problem. If the problem
is not satisfactorily abated or alleviated the Village of Brandon
shall have authority to revoke the license.
(5)
Keeping of chickens allowed.
(a)
Districts. Keeping or harboring of chickens shall only be allowed
in R-1 Single-Family Residential or R-2 One- and Two-Family Residential
zoning districts with a valid permit.
(b)
Roosters. It is unlawful for any person to keep roosters.
(c)
Number. No more than four hens shall be allowed for each dwelling
unit.
(d)
Free range. Chickens shall not be allowed to free range and
shall not be housed in garages or homes. Chickens shall be provided
with a dedicated sanitary and adequately sized coop, and shall be
kept in the coop or a sanitary and adequately sized chicken run attached
thereto at all times.
(6)
Coops and runs. Hens shall be provided with a covered, predator-proof
coop or cage that is well ventilated and designed to be easily accessed
for cleaning. Hens shall have access to an outdoor enclosure that
is adequately fenced to contain the birds on the property and to prevent
predators from access to the birds.
(a)
Setbacks and location. No chicken coop shall be located within
any setback area.
[1]
Coops and cages shall not be located in the front or side yard
of a parcel, whether outside the setback or not. All chicken coops
shall be located in the rear yard.
[2]
No chicken coop shall be located closer than 50 feet to any
principal residential structure on an adjacent lot and must be set
back a minimum of 30 feet from adjacent property lines.
[3]
Coops or cages housing chickens shall be kept at least 50 feet
from the door or window of any dwelling or occupied structure other
than the owner's dwelling.
[4]
All coops and runs shall comply with the building and zoning
requirements of this Code. Prior to construction, all coop and run
plans shall be reviewed and approved by the building inspector or
his/her designee. They will be considered an accessory structure per
the municipal Code.
(b)
Coops shall be large enough to provide at least four square
feet per chicken, but may not exceed 10 feet in height or 50 square
feet in size.
(c)
Coops shall be constructed in a workmanlike manner, be moisture-resistant
and either raised up off the ground or placed on a hard surface such
as concrete, patio block or gravel.
(d)
Coops with or without a chicken run shall be constructed and
maintained to reasonably prevent the collection of standing water,
and shall be cleaned of hen droppings, uneaten feed, and other waste
daily and as is necessary to ensure that the coop and yard do not
become a health, odor, or other nuisance.
(e)
Coops that are no longer being utilized to house chickens shall
be removed from the property within 60 days.
(7)
Feed and water.
(a)
Chickens shall be provided with fresh water at all times and
adequate amounts of feed.
(b)
The main food source for the chickens should be provided in
dedicated feeding containers and scatter feeding as the primary food
source is prohibited. Small amounts of scratch grains that do not
accumulate on the property are allowable.
(c)
All feed containers shall be made of metal and rodent-proof.
Any poultry feed shall be stored so as to keep out rodents.
(d)
The owner shall practice proper poultry waste disposal in order
to avoid odors. Waste composting on the premises shall be allowed
as long as it does not create odors or other nuisances for neighboring
properties.
(8)
Sanitation.
(a)
The coop and outdoor enclosure must be kept in a sanitary condition
and free from offensive odors. The coop and outdoor enclosure must
be cleaned on a regular basis to prevent the accumulation of waste.
(b)
In addition to compliance with the requirements of this subsection,
no one shall keep chickens that cause any other nuisance associated
with unhealthy conditions, create a public health threat or otherwise
interfere with the normal use of property or enjoyment of life by
humans or animals.
(9)
Public health requirements.
(a)
Chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds or to humans.
(b)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Fond du Lac County Health Department
and the Brandon-Fairwater Police Department.
(c)
The Police Chief or his/her designee may order testing, quarantine,
isolation, vaccination, or humane euthanasia of ill chickens or chickens
believed to be a carrier of a communicable disease. The owner of the
chicken shall be responsible for all costs associated with the procedures
ordered hereunder.
(d)
Annual inspections of the chickens, coop and run may be conducted
by the Police Chief and his/her designee.
(10)
Bird noise. In accordance with this section, it shall be unlawful
for any person, firm, corporation, or other entity operating, having
charge of, or occupying any building to own, keep, harbor or allow
to be kept any chicken which shall habitually by any noise disturb
the peace and quiet of any person in the vicinity thereof.
(11)
Other restrictions.
(a)
Rat harborage to be prevented. All chicken yards, coops, pens
or houses shall be constructed or repaired as to prevent rats from
being harbored underneath the same or within the walls thereof, and
all food products or other products, goods or wares likely to attract
or to become infested with or infected by rats shall be protected
as to prevent rats from gaining access thereto or coming in contact
therewith.
(b)
Slaughtering. No person other than a licensed meat processing
facility may slaughter any chickens within the city.
(c)
There shall be no breeding, hatching, or selling of live chickens.
(d)
Sale of eggs and baby chicks prohibited. No person may offer
to sell eggs or chicks accumulated from the activities permitted hereunder.
(12)
State and federal laws and regulations compliance. The owner
shall abide by all state laws and regulations for livestock premises
registration, including applicable sections of § 95.51,
Wis. Stats., and Wisconsin Administrative Code Chapter ATCP 17 and
any applicable amendments thereto. Applicant shall also follow state
law regarding import, purchase and sales of live poultry as set forth
in ATCP 10.40 and ATCP 10.42 of the Wisconsin Administrative Code
and any applicable amendments thereto.
(13)
Penalties. Any person who violates any of the provisions of
this chapter shall, upon conviction thereof, be subject to a penalty
of not less than $50 or more than $100 for the first offense; and
for the second offense within year, shall be subject to a penalty
of not less than $100 or more than $200; and for a third and subsequent
offenses within one year not less than $200 or more than $300, together
with the costs of prosecution.
A.
Animal control agency.
(1)
The Village of Brandon 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 impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Village of Brandon 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 made under oath alleging the facts regarding the violation
and containing an agreement to reimburse the Village for any damages
it sustains for improper or illegal seizure.
C.
A daily
fee will be charged for impoundment at the Village kennel. The amount
of the fee will be determined by the Village Board.
[Added 5-11-2015 by Ord.
No. 2015-01]
D.
Impounding of unlicensed cats. As an alternative to the provisions of Subsection B above, any unlicensed cat picked up by Village officers shall be impounded at the Village garage for seven days. A notice of the impounded cat will be placed at the post office, library, and any other location deemed prudent by the Police Department. If not claimed, the animal will be taken to the humane society, adopted, placed on a farm, or disposed of as guided by state statute.
E.
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
is known to the officer or can be ascertained with reasonable effort,
but if such owner is 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 within 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 that, 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.
F.
Sale of impounded animals. If the owner does not reclaim the animal
within seven days, the animal control officer may sell the animal
to any willing buyer.
G.
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 or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
[Amended 5-11-2015 by Ord. No. 2015-01]
A.
Keeping of dangerous animals prohibited. It shall be unlawful to
keep, harbor, own or in any way possess within the corporate limits
of the Village of Brandon:
B.
BITE
DANGEROUS DOG
(1)
(2)
OWNER
PIT BULL
UNTAGGED ANIMALS
VICIOUS DOG
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A puncture or tear of the skin inflicted by the teeth of
an animal consistent with the closing of the teeth upon the victim.
Any dog which, because of its aggressive nature, training or
characteristic behavior, is capable of inflicting serious physical
harm or death to humans, and which would constitute a danger to human
life or property if it were not kept in the manner required by this
section; and
Any dog which, when unprovoked, chases or approaches a person
in a menacing fashion or apparent attitude of attack on public or
private property.
Any person, firm, corporation, organization or department
possessing, harboring or having the care or custody, whether temporarily
or permanently, of a dog or any person who licensed the dog through
the Village of Brandon with Fond du Lac County.
Any pit bull terrier, which shall be defined as any American
pit bull terrier or Staffordshire bull terrier or American Staffordshire
terrier breed of dog, or any mixed breed of dog which contains as
an element of its breeding, the breed of American pit bull terrier
or Staffordshire bull terrier or American Staffordshire terrier as
to be identifiable as partially of the breed of American pit bull
terrier or Staffordshire bull terrier or American Staffordshire bull
terrier.
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
Any dog with a propensity, tendency or disposition to attack
unprovoked, to cause injury to or otherwise threaten the safety of
human beings or domestic animals; or any dog, which without provocation,
attacks or bites, or has attacked or bitten a human being or domestic
animal; or any dog owned or harbored primarily, or in part, for the
purpose of dog fighting or any dog trained for dog fighting, or any
dog which has been found to be vicious by the circuit court in a trial
or hearing upon a charge of harboring a vicious animal.
C.
Vicious dogs. No person shall harbor, keep or maintain within the
Village limits of the Village of Brandon any vicious dog. Any dog
alleged to be vicious by virtue of biting/attacking a human being
or domestic animal shall be impounded by the Village of Brandon Police
Department, or removed from the Village, until disposition of the
citation issued. Moreover, the owner of any dog found to be vicious
in the trial of the charge of harboring a vicious dog, or by plea
to such a charge, shall be prohibited from returning that dog to the
Village of Brandon.
D.
Pit bulls.
(1)
No personal shall harbor, keep or maintain within the Village limits
of the Village of Brandon any pit bull, which was not currently registered
and licensed by the Village of Brandon. This prohibition shall not
be applied to animals being transported through the Village limits
of the Village of Brandon within a one-hour period of time and to
dogs exempted under §§ 174.055 and 174.056, Wis. Stats.
(2)
Any person having knowledge which he or she believes constitutes
probable cause to believe that another is harboring, keeping or maintaining
a pit bull which was not registered with and licensed by the Village
of Brandon, in the Village of Brandon, shall file with the Village
of Brandon Police Department a sworn affidavit setting forth the basis
on which they believe the animal to be a pit bull, the name and address
of the owner of the dog, and a description of the dog. The Police
Department shall, upon receipt of such affidavit, inquire of the Village
Clerk:
(3)
If the dog was not registered and licensed by the Village of Brandon
on December 31 or is not currently registered pursuant to the provisions
of this section, the Village Clerk shall notify the Village of Brandon
Police Department of this fact and the Village of Brandon Police Department
shall serve notice upon the owner of the alleged pit bull, including
the requirement that the owner shall bring said alleged pit bull to
the veterinarian stated in the aforementioned notice for inspection
to determine whether this dog is a pit bull by definition as set forth
in this section. In the event that the veterinarian determines that
the dog is a pit bull as set forth by definition in this section,
the Village of Brandon Police Department shall cite the owner of the
alleged pit bull in accordance with the provisions of this section.
E.
Dangerous dogs. Any person having knowledge which he or she believes
constitutes probable cause to believe that another is harboring, keeping
or maintaining a dangerous dog which is not registered with and licensed
by the Village of Brandon in accordance with this section shall file
with the Village of Brandon Police Department a sworn affidavit setting
forth the basis on which they believe the animal to be a dangerous
dog, the name and address of the owner of the dog, and a description
of the dog. The Police Department shall, upon receipt of such affidavit,
inquire of the Village Clerk if the dog is currently registered as
a dangerous dog pursuant to this section. If the dog is not registered,
the Village Clerk shall notify the Village of Brandon Police Department
of this fact and the Village of Brandon Police Department shall serve
notice upon the owner of the alleged dangerous dog.
F.
Return of vicious dogs/pit bull prohibited. No person shall return
to or harbor within the Village limits of the Village of Brandon a
dog previously determined by the Fond du Lac County Circuit Court
to be a vicious dog or a pit bull. The disposition of such a dog shall
be in accordance with this section.
G.
Exception. No dog shall be declared to be a vicious dog if the injury
or damages was sustained by a person who, at the time, was teasing,
tormenting, abusing or assaulting the dog, or which dog was protecting
its owner from attack by a human being. No dog shall be declared to
be a dangerous dog if the proof of dangerousness concerns an incident
where a person was teasing, tormenting, abusing or assaulting the
dog, or which dog was protecting its owner from attack by a human
being.
H.
Registration.
(1)
All owners of dangerous dogs or pit bulls shall, on or before December
31, and annually thereafter on or before December 31 of each year,
register their dog and shall provide a current color photograph of
the dog with the Village Clerk's office and pay a registration
fee as set by the Village Board. At the time of registration, each
owner of any dangerous dog or pit bull kept within the Village limits
of the Village of Brandon shall provide to the Village Clerk's
office proof of liability insurance in the amount of at least $100,000
for any acts of property damage or liability incurred by virtue of
injury inflicted by such dog. Such insurance shall name the Village
as coinsured solely for the purpose of notice of cancellation of the
policy. Upon payment of the fee, the Village Clerk shall issue a current
dangerous dog collar which is pink in color for the purpose of identification,
and which collar is to be worn by the dog at all times as proof of
registration. If, when due to the length of the dog's hair, the
collar is not visible, an approved colored lead or chain may be used.
(2)
An owner of a dangerous dog or pit bull who fails to register his
or her dog is subject to a forfeiture of not less than $100 nor more
than $2,000 per day.
(3)
An owner of a dangerous dog or pit bull who registers but neglects
to have the dangerous dog collar worn by the dog at all times is subject
to a forfeiture of not less than $25 nor more than $2,000 per day.
(4)
A dangerous dog collar may be removed from a dangerous dog or pit
bull for grooming or purposes of other care when the dog is secured
indoors or in an approved pen.
(5)
The owner of any pit bull registered and licensed by the Village
Clerk shall comply with all provisions of this section applicable
to dangerous dogs. Any owner of a pit bull who fails to keep current
the dog's license and registration as provided herein must remove
the dog from the Village of Brandon and will not be eligible to reregister
the dog. The owner of any previously permitted pit bull who fails
to keep current the dog's license is subject to the penalties
applicable to any pit bull not registered and licensed on December
31.
I.
Requirements of dangerous dogs/pit bulls.
(1)
While on the owner's property, a dangerous dog or pit bulls
must be securely confined indoors or outside in a securely enclosed
and locked pen or structure, suitable to prevent the entry of young
children, and designed to prevent the animal from escaping. The dog
may be on the owner's property, out of the secure pen, if muzzled
and restrained on a leash not exceeding six feet in length. The dog
must be under the control of an adult, able-bodied person capable
of physically controlling the dog.
(a)
Muzzle specifications. The muzzle must prevent the dog from
biting a person or animal, but shall not interfere with the dog's
vision or breathing.
(2)
The owner of a dangerous dog shall display a sign on the premises
facing out from all sides of the premises warning that there is a
dangerous dog on the property. This sign should be visible and able
to be read from a public highway or sidewalk, specifically any point
of entry to the premises. The sign shall read "Beware of Dog" or "Dangerous
Dog on Property."
(3)
A dangerous dog may be off the owner's property if it is muzzled and restrained on a leash not exceeding six feet in length. The dog must be under the control of an adult, able-bodied person capable of physically controlling the dog. See Subsection I(1)(a), Muzzle specifications.
(4)
The provisions of this section regarding dangerous and vicious dogs
shall not apply to animals owned by law enforcement agencies and used
for law enforcement purposes.
J.
Apprehension and impoundment.
(1)
It shall be the duty of such persons, as from time to time may be
designated by resolution of the Village Board, to apprehend any unlicensed
dogs. The Village of Brandon Police Department shall, whenever possible,
see that such dogs are transferred to a designated kennel at the earliest
possible date where the dogs may be taken care of and reclaimed by
the owner under the rules and regulations of said kennel. When the
Village impounds the dog before being transferred to a kennel, the
owner reclaiming the dog shall be required to pay a fee set by the
Village of Brandon.
(2)
It shall be the duty of the Village of Brandon Police Department
and such other persons, as from time to time may be designated by
resolution of the Village Board, to apprehend any dangerous dogs running
at large. Any dangerous dog found running at large shall be impounded
and returned to its owner only upon proof of registration as a dangerous
dog. A police officer may shoot a dog if the dog attacks the officer
or approaches the officer in a menacing fashion so that the officer
believes that the dog is about to attack him or her.
(3)
In any event, when a dog is impounded, the impounding authority shall
give notice to the owners of the impoundment and advise the owners
whether and under what circumstances the dog may be redeemed. The
owner of any animal impounded, confined or destroyed pursuant to the
terms of this section shall be responsible for all costs of such confinement,
impoundment or destruction.
K.
Removal of dog pending litigation. Whenever any person is charged with harboring a vicious dog or pit bull, as defined in this section, that person shall, to the satisfaction of the court, remove said dog from the Village of Brandon until the trial of the citation. If the owner fails to remove the dog within 48 hours of the service of the citation, the Village of Brandon Police Department shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog or pit bull as provided by this section, it shall not be returned to the Village of Brandon. Any dog returned to the Village of Brandon after being determined to be a vicious dog or a pit bull constitutes a public nuisance as pursuant to § 349-2A of this Code.
M.
Violations. Every day that a violation of this section continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this section shall pay all expenses, including
shelter, food, handling, veterinary care, and expert testimony fees
necessitated by enforcement of this section.
A.
Removal of fecal matter. The owner or person in charge of any dog,
cat, horse, 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 visually or physically handicapped.
B.
Accumulation of fecal matter prohibited on private yards. The owner
or person in charge of the dog or cat 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,
or to defecate thereon.
[Amended 8-9-2004[1]]
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 complaints are filed with the Police Department.
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 kempii).
(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 Subsection A above 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 collector's permit issued by the Secretary of the Department of Natural Resources of the state, or by any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be unlawful for any
person to keep, maintain or have in his/her possession or under his/her
control within the Village any poisonous reptile or any other dangerous
or carnivorous wild animal, insect or reptile, any vicious or dangerous
domesticated animal or any other animal or reptile of wild, vicious
or dangerous propensities. Specifically, it shall be unlawful for
any person to keep, maintain or have in his possession or under his/her
control within the Village any of the following animals, reptiles
or insects:
(1)
All poisonous animals and reptiles including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family; for
example, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Exceptions; pet shops. 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; or 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 100 feet of the quarters in which
the animals are kept.
E.
Farm animals; miniature pigs. Except as provided in § 187-22 regarding miniature pigs and on properties zoned R-1, C-1 or B-2 where a conditional use has been issued, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, fowl or rabbits (more than four). For purposes of the 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.
A.
No person may sell, offer for sale, raffle, give as a prize or premium,
use as an advertising device or display living chicks, ducklings,
other fowl or rabbits that have been dyed or otherwise colored artificially.
B.
Sale
(1)
No person may sell, offer for sale, barter or give away living chicks,
ducklings or other fowl without providing proper brooder facilities
for the care of such chicks, ducklings or other fowl during the time
they are in such person's care, custody or control.
(2)
No retailer, as defined in § 100.30(2)(e), Wis. Stats.,
may sell, offer for sale, barter or give away living baby rabbits,
baby chicks, ducklings or other fowl under two months of age, in any
quantity less than six, unless the purpose of selling these animals
is for agricultural, wildlife or scientific purposes.
A.
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 prescribed in this section.
B.
The food shall be sufficient to maintain all animals in good health.
C.
If potable water is not accessible to the animals at all times, it
shall be provided daily and in sufficient quantity for the health
of the animal.
A.
Proper shelter. No person owning or responsible for confining or
impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing
in this section shall be construed as imposing shelter requirements
or standards more stringent than normally accepted husbandry practices
in the particular county where the animal or shelter is located.
B.
Indoor standards. Minimum indoor standards of shelter shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)
Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this subsection, "caged" does not include farm
fencing used to confine farm animals.
(2)
Shelter from inclement weather.
(a)
Animals generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
D.
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)
Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
E.
Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
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.
(4)
Whenever, in the opinion of any such officer, an animal is hopelessly
injured or diseased so as to be beyond the probability of recovery,
it shall be lawful for such officer to kill such animal, and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
(5)
Section 173.10, Wis. Stats., Investigation of cruelty complaints,
and § 173.24, Wis. Stats., Reimbursement for expenses, 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 which 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.
A.
Acts of cruelty prohibited. No person, except a law enforcement or
animal control officer in the pursuit of his duties, shall within
the Village shoot or kill or commit an act of cruelty to any animal
or bird or disturb any birds' nests or birds' eggs.
B.
Leading animal from motor vehicle. No person shall lead any animal
upon a Village street from a motor vehicle or from a trailer or semi-trailer
drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person may expose
any pet animal owned by another to any known poisonous substance or
controlled substance listed in § 961.14, Wis. Stats., whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming
the animal. This subsection shall not apply to poison used on one's
own premises and designed for the purpose of rodent and pest extermination,
nor the use of a controlled substance used in accepted veterinarian
practice or in research by persons or organizations regularly engaged
in such research.
D.
Use of certain devices prohibited. No person may directly or indirectly,
or by aiding, abetting or permitting the doing thereof, either put,
place, fasten, use or fix upon or to any animal used or readied for
use for a work purpose or for use in an exhibition, competition, rodeo,
circus or other performance any of the following devices: a bristle
bur, tack bur or like device; or a poling device used to train a horse
to jump which is charged with electricity or to which have been affixed
nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may instigate, promote,
aid or abet as a principal, agent, employee, participant or spectator,
or participate in the earnings from or intentionally maintain or allow
any place to be used for the shooting, killing or wounding with a
firearm or any deadly weapon any animal that is tied, staked out,
caged or otherwise intentionally confined in a man-made enclosure,
regardless of size.
A.
Purpose. The keeping of a large number of dogs and cats within the
Village of Brandon 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.
(1)
No person or family shall own, harbor or keep in its possession more
than a total of three dogs or three cats, or a total of five dogs
and cats, in any residential unit without the prior issuance of a
kennel license by the Village Board, 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.[1]
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 Brandon
to set, place or tend any trap for the purpose of trapping, killing,
catching, wounding, worrying or molesting any animal, except by use
of live box-type traps only. Live box-type traps shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.
B.
This section shall prohibit the use of all traps other than live
traps as described above, including, but not limited to, traps commonly
known as leg traps, pan-type traps or other traps designed to kill,
wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply with Chapter 29
of the Wisconsin Statutes as it relates to trapping.
D.
Nothing in this section shall prohibit or hinder the Village of Brandon
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 said
premises.
D.
The bees and equipment shall be kept in accordance with the provisions
of state law.
A.
VIETNAMESE POTBELLIED PIG
Definitions. As used in this section, the following words and phrases
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
A purebred Vietnamese potbellied pig registered through a
North American Vietnamese potbellied pig registry, which does not
exceed 100 pounds in weight.
B.
License required; fee. It is unlawful for any person, party, firm
or corporation to keep or maintain within the Village of Brandon limits
a Vietnamese potbellied pig without first having obtained a license
from the Village Clerk and being in compliance with all provisions
of this section. The fee for a license issued hereunder or renewal
thereof shall be as set by the Village Board. Excepted from the license
requirement is any law enforcement agency or agency under contract
with the Village to care for stray or unwanted animals.[1]
C.
License application.
(1)
Any applicant for a license or renewal thereof under this section
shall file with the Village Clerk a fully executed application on
a form prescribed by the Village Clerk, accompanied by the annual
license fee.
(2)
No licenses or renewal thereof shall issue hereunder until:
(a)
A certificate of purebred registration is filed with the Village
Clerk.
(b)
There has been an inspection by a Village law enforcement officer
or the Building Inspector of the premises being licensed and a determination
by said officer or inspector that all requirements of this section,
and other applicable general and zoning ordinances, have been met.[2]
(c)
There is an adequate means of restraining animals from running
at large or disturbing the peace.
(3)
Any license or renewal thereof issued hereunder shall be for a calendar
year or portion thereof. Licenses must be renewed each calendar year
on or before the 31st day of January. Licenses shall not be assignable
or transferable either to another person, party, firm or corporation
or for another location.
(4)
When issued, a license shall be kept upon the licensed premises and
exhibited, upon request, to any Village personnel requesting to examine
it and having authority to enforce this section.
(5)
Only one Vietnamese potbellied pig may be at any premises.
D.
License requirements. Licensee shall comply with the following as
a condition of obtaining and maintaining a license:
(1)
Animal feces to be collected on a daily basis and stored in a sanitary
receptacle. Animals shall not be brought, or permitted to be, on property,
public or private, not owned or possessed by the owner or person in
charge of the animal, unless such person has in his/her immediate
possession an appropriate device for scooping excrement and an appropriate
depository for the transmission of excrement to a receptacle located
upon property owned or possessed by such person.
(2)
When sunlight is likely to cause overheating to discomfort, sufficient
shade shall be provided to allow an animal kept outdoors to protect
itself from the direct rays of the sun.
(3)
An animal kept outdoors shall be provided with access to shelter
to allow it to remain dry during rain or snow. Animals may be kept
outdoors only if contained in a fenced enclosure sufficient for purposes
of restraint.
(4)
When the atmospheric temperature is less than 50° F., an animal
shall be kept indoors at a temperature no less than 50° F., except
for temporary ventures which do not endanger the animal's health.
(5)
An effective program for the control of insects, ectoparasites, avian
and mammalian pests shall be established and maintained where a problem.
(6)
Animals shall be fed and watered at least once a day, except as otherwise
might be required to provide adequate veterinary care. The food shall
be free from contamination, wholesome, palatable and of sufficient
quality and nutritive value to meet the normal daily requirements
for the condition and size of the animal. Food receptacles shall be
accessible to the animal and shall be located so as to minimize contamination
by excreta. Feeding pans shall be durable and kept clean. The food
receptacles shall be cleaned daily. Disposable food receptacles may
be used but must be discarded after each feeding. Self feeders may
be used for the feeding of dry food and they shall be sanitized as
needed, but at least once per week, to prevent molding, deterioration
or caking of feed.
(7)
Animals may not be permitted to exceed 100 pounds in weight.
(8)
Animals shall be examined by a veterinarian within a period of 60
days prior to a new license application being filed. The animal may
be licensed only upon a written statement from a veterinarian as to:
(a)
The animal's weight.
(b)
The animal has received all recommended vaccinations and boosters.
(c)
The animal is asymptomatic respecting disease or has a disease
which is not contagious and is receiving appropriate treatment.
(d)
The animal's tusks, if any, have been removed or trimmed
so as not to endanger any person or animal.
(e)
The animal has passed a pseudorabies test administered in accordance
with application state regulations.
(9)
The animal shall not be permitted to run at large. "Run at large"
shall mean the presence of an animal which is not on a leash of six
feet or less on any public property or thoroughfare or on any private
property. An animal may be unleashed on private property, with the
permission of the property owner, in a fenced enclosure sufficient
for purposes of restraint. Animals which are not leashed in a motor
vehicle shall not be deemed to run at large if secured in a manner
as will prevent their escape therefrom.
(10)
Animals shall not be kept in a manner as to disturb the peace
of the neighborhood or of persons passing to and from upon the streets.
E.
Suspension, revocation or denial of renewal of license. The Chief
of Police shall have the right to suspend or revoke any license once
granted or deny annual renewal thereof when it appears that any licensee
has violated any of the provisions of this section, or any ordinance
of the Village, or law, rule or regulation of the State of Wisconsin,
involving cruelty or mistreatment of the animal, or the unlawful possession
of the animal. Prior to the suspension or revocation of any license
or the denial of an application for a renewal thereof, written notice
of the reason for such action shall be given to the applicant or licensee
by the officer. Such notice shall state that the applicant may pursue
an appeal to the Village Board by filing a request within 10 days
of such notice.
A.
Any person violating §§ 187-16, 187-17, 187-18, 187-19, 187-20, 187-21 or 187-22 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 a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
Anyone who violates §§ 187-1, 187-2, 187-3, 187-4 and 187-5 of this chapter or Ch. 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 refuses to comply with an order issued under § 187-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000.[1]
D.
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 chapter 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 this
chapter shall pay all expenses, including shelter, food, handling
and veterinary care necessitated by the enforcement of this chapter.
