[HISTORY: Adopted by the Common Council of
the City of St. Francis as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 9.08, 11.11, 11.12, 12.08,
12.11 and 12.25 of the 1981 Code]
A.
Not to run at large. 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.
B.
Certain animals prohibited.
(1)
No person shall keep swine, cattle, sheep or goats
within the City. Horses may be kept after the owner receives a special
permit from the Common Council after recommendation of the Board of
Health.
C.
Animal litter.
(1)
Prohibited. It is unlawful for the owner or person
in charge of an animal to permit fecal matter which is deposited by
such animal while off its own premises to remain on any street, alley,
sidewalk, lawn, field or any property, and it shall be solely the
responsibility of such owner or person in charge of said animal to
immediately after deposit remove all fecal matter by shovel, scoop
or like instrument and deposit said fecal matter in a manner approved
by the state or other local regulations. Further, the owner, tenant
or person in charge of property, or the owner of animals that deposit
such on private property, shall keep property clear of fecal matter.
(2)
Complaints. Any person who complains about owner negligence
of such cleanup may file a complaint with the Police Department or
Health Department. The Department shall notify the offending party
in writing of the alleged violation and the provisions of this section.
If a complainant again observes the owner violating these provisions,
the complainant may submit a written petition to the Police Department
or Health Department for commencement of prosecution. The petition
shall contain:
[Amended 7-1-2008 by Ord. No. 1259]
D.
Annoying or rabid dogs.
[Amended 7-1-2008 by Ord.
No. 1259; 3-15-2022 by Ord. No. 1489]
(1)
It shall be unlawful to own, harbor or keep any dog
which habitually barks, howls, or yelps, or which causes serious annoyance
to the neighborhood or to persons passing to and from the street.
(2)
Any person who shall have in his or her possession
a dog which has contracted rabies or which has been subjected to the
same, or which is suspected of having rabies, or which shall have
bitten any person, shall upon, demand of any member of the Common
Council, Police Department or Milwaukee Area Domestic Animal Control
Center, produce and surrender up such dog to the Milwaukee Area Domestic
Animal Control Center, to be held for observation and treatment.
E.
Animals on school property. No person shall bring,
permit or allow any animal, whether a pet or otherwise, on school
property, on school days, during school hours or one hour before or
one hour after school hours, except with the express permission of
a school employee for school purposes.
A.
ISOLATION FACILITY
OFFICER
OWNER
PEACE OFFICER
VETERINARIAN
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A humane society shelter, veterinary hospital, municipal
pound or other place specified by an officer which is equipped with
a pen or cage which isolates an animal from contact with other animals.
A peace officer, full-time health officer, humane officer,
warden, and employee designated by the City or any other person designated
by the City.
A person who owns, harbors, keeps or controls an animal.
Has the meaning designated in § 939.22(22), Wis.
Stats.
Has the meaning designated under § 453.02(7), Wis.
Stats.
B.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
An officer shall order an animal 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 may kill a dog or cat only as a last
resort or if the owner agrees. 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)
An officer 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. Any domestic animal that is bitten
or scratched by a bat or by a wild, carnivorous mammal that is not
available for testing is presumed to have been exposed to a rabid
animal.
(3)
Health risk to humans. If an animal 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.
The officer shall determine the name, address and telephone number
of the veterinarian the owner of the animal will be contacting for
compliance with this section. This information shall become a part
of the written report prepared by the officer. 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. The owner of the animal shall furnish
the police officer a certificate or letter from the attending veterinarian
indicating the animal's health status following the animal's last
visit.
(4)
Health risk to animals.
(a)
If an animal 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 days and 165 days after
the exposure to a rabid animal.
(b)
If an animal is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal but if the animal 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.
(5)
If a veterinarian determines that an animal exhibits
symptoms of rabies during the original or extended observation period,
the veterinarian shall notify the owner and the officer who ordered
the animal quarantined and the officer or veterinarian shall kill
the animal in a humane manner and in a manner which avoids damage
to the animal's head. If the animal is suspected to have bitten a
person, the veterinarian shall notify the person or the person's physician.
C.
Delivery of carcass. An officer who kills an animal
shall deliver the carcass to a veterinarian or local health department.
The veterinarian or local 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 of exposure to
any rabies virus.
D.
Cooperation of veterinarian. Any practicing veterinarian
who is requested to be involved by an officer is encouraged to cooperate
in a professional capacity with the City and, if the animal is suspected
to have bitten a person, the person's physician. Such veterinarian
shall be compensated for his services by the City.
A.
Cruelty.
(1)
No person may cause, allow or himself cruelly beat,
frighten, overburden, neglect or abuse any animal or bird or use any
device or chemical substance by which pain, suffering or death may
result, whether the animal belongs to the person or another, except
that reasonable force may be used to drive off vicious or trespassing
animals.
(2)
No person shall abandon or transport any animal or
bird in a cruel manner.
B.
Food and water. No person owning or having custody
of any animal or bird may neglect or fail to provide it with necessary
nourishing food at least once daily and provide a constant supply
of clean water to sustain the animal or bird in good health.
C.
Shelter.
(1)
No person may fail to provide any animal or bird in
his or her charge with shelter from inclement weather to ensure the
protection and comfort of the animal or bird.
(2)
When sunlight is likely to cause overheating or discomfort
to any animal or bird, shade shall be provided by natural or artificial
means to allow protection from the direct rays of the sun but still
allow air to pass to keep the animal cool.
(3)
Dogs and cats kept outdoors for more than one hour
at a time shall be provided with moistureproof and windproof shelter
of a size which allows the animal to turn around freely and to easily
sit, stand and lie in a normal position and to keep the animal clean,
dry and comfortable. Whenever the outdoor temperature is below 40°
F., clean, dry bedding material in quantity and type approved by a
duly appointed humane society officer shall be provided in such shelters
for insulation and to retain the body heat of the animal. Automobiles
shall not be used as animal shelters.
D.
Area to be kept clean. Any area where an animal is
housed or allowed to remain shall be kept clean of feces, animal waste,
and other substances in order to keep the animal healthy and comfortable.
E.
Leashes. Chains, ropes or leashes shall be placed
or attached so that they cannot be entangled with another animal or
object and shall be of sufficient length in proportion to the size
of the animal to allow the animal proper exercise and convenient access
to food, water and shelter. A leash shall be located so as not to
allow an animal to trespass on public or private property nor in such
a manner as to cause harm or danger to persons or other animals. A
leash shall be located so as not to allow the animal to jump over
an obstacle where the leash can become entangled and the animal choke.
F.
Enforcement. The Police Department, Health Department
or humane society may enforce any provision of this section.
G.
Animal removal. The Police Department, Health Department
or humane society may confiscate and remove animals from a premises
for violation of any part of this section. Animals removed because
of such action may be stored or disposed of in a humane manner by
the Health Department, humane society or its designee. Probable cause
that such a violation exists is sufficient reason to confiscate such
animal. Conviction is not required.
H.
Exception. This section does not apply to the extermination
of rats, mice or other vermin.
A.
License required. Every person residing in the City
who owns a dog or cat more than five months of age on January 1 of
any year shall annually, at the time and in the manner prescribed
by law for the payment of personal property taxes, obtain a license
therefor.
B.
Fees.
[Amended 8-5-2014 by Ord.
No. 1367]
(1)
Such
owner shall pay to the City a fee as provided by the current fee schedule
on file with the City Clerk. Such fee shall be paid by April 1 of
each year. After such date fees shall double. Such license shall also
be obtained within 30 days of acquiring ownership of a licensable
animal or within 30 days of the animal reaching licensable age. If
beyond such thirty-day period, the above late fees shall be applied.
The Milwaukee County Clerk shall be responsible for the administration
of the program and shall provide tags and licenses according to the
law. Dogs or cats obtained after July 1 shall be licensed at half
cost per license. The license year shall commence on January 1 and
end the following December 31.
(2)
Notwithstanding the provisions of Subsection B(1), at the request of the Milwaukee Area Domestic Animal Control Commission, the Common Council may from time to time declare periods of amnesty and waiver for late fee penalties imposed under this section for dog and cat licenses. Such periods of amnesty and the terms thereof may be established by vote of the Common Council upon a finding that such period(s) is likely to have the effect of increasing compliance with one or more provisions of this chapter.
C.
Issuance of license. Upon receipt of the required fee and exhibition of the certificate required by Subsection F, the City Clerk shall issue to such person a license to keep such dog or cat for one year. Such person shall, upon procuring the license, place upon the animal a collar with a tag furnished to him by the City Clerk or the County Clerk.
D.
State regulations. Chapter 174, Wis. Stats., shall
apply so far as applicable.
E.
Dogs and cats not to run at large. No owner or other
person in control or having custody of a dog or cat shall allow the
same to run at large within the City unless accompanied by and under
the control of the owner or keeper.
F.
Certificate of inoculation required. No license shall
be issued hereunder for any dog or cat unless the applicant exhibits
a certificate of a qualified veterinarian showing that the animal
has been inoculated for rabies and distemper within two years prior
to application.
G.
Unlicensed dogs or cats to be impounded; dog or cat
without a collar presumed to be unlicensed.
(1)
The fact that a dog or cat is without a license attached
to a collar shall be presumptive evidence that the dog or cat is unlicensed.
No action shall be maintained for an injury to or the destruction
of a dog or cat without a tag unless it appears affirmatively that
the dog or cat is duly licensed and that a tag had been properly attached
to the collar of the dog or cat and had been lost or removed without
the knowledge or consent of the owner, or that the dog or cat is not
required to be licensed. The Police Department shall seize, impound
or restrain any dog or cat for the keeping of which no license has
been issued and for which one is required or seize, impound or restrain
any dog or cat found running at large and any such officer may enter
the premises of the owner to seize such dog or cat.
(2)
It shall be unlawful for any person to harbor or permit
to remain about his premises any dog or cat for which no license exists
and for which one is required. Any person who shall kill a dog or
cat not his own or not in his keeping shall forthwith report such
fact to the City Police Department. Such report shall state the name
and address of the person who killed the animal, the time, place and
circumstances of such killing, and the disposition made of the carcass.
Any person who shall have seized or impounded a dog or cat with or
without license shall deliver such animal to the Police Department.
The Department shall retain such animal for a reasonable time and
attempt to contact the owner, if readily ascertainable. If the animal
is not claimed in such time, the Police Department shall surrender
the animal to the local humane society or other facility for safekeeping
or disposal.
H.
Limitation of animals. No person or household shall
keep or harbor more than the following number of dogs and cats of
licensable age in, on or about any single-family residence or residential
dwelling unit in the City of St. Francis:
[Amended 2-22-2017 by Ord. No. 1405]
I.
Exemption of dogs for the blind. Every dog specially
trained to lead blind persons shall be exempt from the dog license
tax, and every person owning such a dog shall annually receive a free
dog license, upon application therefor.
J.
Annual survey. The City shall annually ascertain by
diligent survey the dogs and cats owned or kept within the City. Every
person shall answer frankly and fully all questions asked by the City
Clerk or designee relative to the ownership or keeping of such pets
within the City. The City Clerk or his designee shall enter in the
records for personal property assessments all dogs and cats in the
City subject to tax, to whom they are assessed, the name, number,
sex, spayed or unspayed, neutered or unneutered, breed and color of
each such dog or cat. The City Clerk shall make in triplicate a list
of the owners of all dogs or cats assessed. Dog and cat licenses need
not be entered on any assessment or tax roll other than the lists
prepared by the City Clerk.
K.
Enforcement. The Police Department shall be responsible
for the apprehension and confinement of dogs as herein provided, and
such Department shall apprehend and confine dogs as provided in this
section and may enforce this section, including the right to commence
actions for the collection of any forfeiture imposed by this article.
Such action shall be brought in the name of the City. The Department
shall be paid compensation, as the Council shall determine by resolution.
[Amended 8-4-2020 by Ord. No. 1468]
A.
ANIMAL RUNNING AT LARGE
DANGEROUS DOG
(1)
(2)
(3)
(4)
(5)
(a)
[1]
[2]
[3]
(b)
DOMESTIC ANIMAL
OWNER
SERIOUS INJURY
TRESPASSER
UNTAGGED ANIMAL
VICIOUS DOG
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
(b)
(c)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An animal shall be deemed to be running at large when it
is permitted to run off of the premises of the owner or keeper when
it is not accompanied by a person having said animal under control
on a leash.
Any dog which, when unprovoked, chases or approaches a person
or animal on public or private property in a manner that a reasonable
person would conclude to be an apparent attack on such person or animal.
Any individual dog which has a trait or characteristic and a
generally known reputation for dangerousness or unprovoked attacks
upon human beings or domestic animals.
Any individual dog with a known propensity or tendency to bite,
attack, cause injury or otherwise endanger the safety of a human being
or domestic animal.
Any dog that has been declared dangerous by any agency or department
of another municipality, county or state.
Exceptions.
No dog shall be deemed "dangerous" based solely upon attacking
or menacing any person or domestic animal in order to:
Defend its owner, caretaker, or another person or animal, its
young or its food from a trespasser or an attack by a person or animal;
Defend itself against any person, animal or trespasser that
has provoked, tormented or abused it; or
If it is a professionally trained dog for law enforcement or
guard duties, acting in the capacity for which it was trained.
No dog shall be deemed "dangerous" merely by virtue of being
part of any specific breed(s).
Includes cats, dogs, ferrets, gerbils, hamsters and domesticated
rabbits.
Any person, firm, corporation, organization or department
owning, possessing, harboring or having the care or custody, whether
temporarily or permanently, of a domestic animal. The owner or occupant
of any premises on which a domestic animal remains or to which it
customarily returns shall be presumed to be harboring, sheltering
or keeping such domestic animal.
Any physical injury to a person that results in a major fracture,
muscle tears, disfiguring lacerations or wounds, or requires multiple
sutures or corrective or cosmetic surgery.
A person who is not the animal's owner and does not cohabitate
or reside with the owner and who enters the owner's property without
consent.
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 individual dog that fits into one or more of the following
categories:
Any individual dog that, when unprovoked causes injury to a
human being that does not fall within the definition of a serious
injury;
Any individual dog that, while off its owner's or keeper's premises,
attacks and injures a domestic animal;
Any individual dog with a known history or disposition to bite,
attack, cause injury to or otherwise endanger the safety of a human
being or domestic animal;
Any individual dog that has a trait or characteristic and a
generally known reputation for viciousness or unprovoked attacks upon
human beings or other domestic animals;
Any individual dog that has been found to be a "dangerous dog"
upon two separate occasions; or
Any individual dog that has been declared vicious by any agency
or department of another municipality, county or state.
Exceptions.
No dog shall be deemed "vicious" based solely upon biting, attacking,
or menacing any person or domestic animal in order to:
No dog shall be deemed "vicious" if it is a professionally trained
dog for law enforcement or guard duties, acting in the capacity for
which it was trained.
No dog shall be deemed "vicious" solely by virtue of its classification
within a specific breed.
B.
Regulations concerning dangerous or vicious dogs.
(1)
Vicious dogs.
(a)
Prohibited. No person shall harbor, keep or maintain any dog
within the City of St. Francis that has been determined to be a vicious
dog by the Health Department.
(b)
Impounding.
[1]
Whenever any dog is determined to be a vicious dog, the owner
or person having custody of the dog shall, at the discretion of the
Health Department, either surrender the dog for impoundment or remove
the dog from the City of St. Francis. If the owner fails to surrender
the dog or to remove the dog as directed by the Health Department,
in addition to any other action which may be taken, the St. Francis
Police Department shall obtain a search warrant for the dog and upon
finding the dog shall impound the dog as directed by the Health Department.
[2]
Any dog alleged to be vicious by virtue of an attack upon a
human being or a domestic animal shall be impounded as directed by
the Health Department until a determination has been made by the Circuit
Court of Milwaukee County whether the dog should be killed. In the
event the Health Department is satisfied that the owner has made adequate
arrangements to insure the safety of the community and that the dog
will be accessible in the event the Court orders it killed, the Health
Department may accept an alternative to impoundment which will, at
a minimum, include notice of where the animal is being kept and with
whom the animal is being kept and what security measures have been
taken to insure the animal is not a danger to people at its current
location. In the event the animal is removed from the City, the owner
shall provide the Health Department with the address where the animal
is and the name of the person in charge of the animal. The Health
Department shall inform the appropriate officials in the community
where the animal has been moved.
[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.
(c)
Petition for determination. Any person may petition the City
Health Department to declare a dog to be a vicious dog. Upon receipt
of the sworn statement of any person setting for the nature and date
of the acts, the name and address of the owner and a description of
the dog, the agent of the Health Department designated by the Health
Department to handle vicious dog determinations of the City Code Enforcement
Officer shall investigate the matter and if he/she determines that
the dog in question is a vicious dog as defined in this section, he/she
shall issue a written order to the owner requiring the owner to surrender
the dog for impoundment or immediately and permanently remove the
dog from the City. Any owner who objects to the determination of the
Health Department agent or Code Enforcement Officer may appeal the
determination to the Public Health Administrator or the Board of Health.
Any such appeal shall not stay the order. Any person violating an
order issued under this section shall be subject to a forfeiture of
up to $1,000 plus court costs and assessments for each day of noncompliance
with the order. A citation alleging a failure to comply with the order
issued pursuant to this section may be issued by any employee designated
by the Health Department, by any police officer, or by the City Code
Enforcement Officer.
(d)
Removal from City. No dog which has been determined by the Health
Department to be a vicious dog and which has been removed from the
City may be returned to any place within the City at any time for
any period of time.
(e)
Council authority. Whenever the Health Department or Police
Department, in consultation with the City Attorney, deems it appropriate
to seek a court order to kill a dog under § 174.02(3), Wis.
Stats., it shall first obtain authorization to file such an action
from the Common Council.
(2)
Dangerous dogs.
(a)
Restricted. No person shall keep or maintain a dangerous dog
within the City of St. Francis except in full compliance with the
provisions of this section.
[1]
While on the owner's property, a dangerous dog must be securely
confined indoors or 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. Such pen or structure must have a minimum
dimension of five feet by 10 feet and must have secure sides and a
secure top. If it has no bottom secured to the sides, the sides must
be imbedded into the ground no less than two feet. The enclosure must
also provide protection from the elements for the dog.
[2]
The owner or keeper of a dangerous dog shall display a sign
on his or her premises facing out from all sides of the premises warning
that there is a dangerous dog on the property. This sign must be visible
and capable of being read from a public highway or thoroughfare or
within 20 feet of its placement. In addition, the owner shall conspicuously
display a sign with a symbol warning children of the presence of a
dangerous dog.
[3]
A dangerous dog may be off the owner's premises only if it is
muzzled and restrained by an approved lead or chain not exceeding
three feet in length and is under the control, by leash, of an adult,
able-bodied person. The muzzle must be made in a manner that will
not cause injury to the dog or interfere with its vision or respiration,
but must prevent it from biting any person or animal.
(b)
Any person may petition the City Health Department to declare
a dog dangerous. Upon receipt of the sworn statement of any person
setting forth the nature and date of the act, the name and address
of the owner and a description of the dog, the agent of the Health
Department designated by the Health Department to handle dangerous
dog determinations or the City Code Enforcement Officer shall investigate
the matter and if he/she determines that the dog in question is a
dangerous dog as defined in this section, he/she shall issue a written
order to the owner requiring the owner to comply with the dangerous
dog provisions of this section or, in the alternative, remove the
dog from the City. Any owner who objects to the determination of the
Health Department agent or Code Enforcement Officer may appeal the
determination to the Public Health Administrator or the Board of Health.
Any such appeal shall not stay the order. A citation alleging a failure
to comply with the order issued pursuant to this section may be issued
by any employee designated by the Health Department, by any police
officer or by the City Code Enforcement Officer.
(c)
All owners of dangerous dogs shall, on or before December 31
of each year, register their dog and shall provide a current color
photograph of the dog with the City Clerk/Treasurer's office and pay
a registration fee in an amount established by resolution of the Common
Council.
C.
Dog licensing.
(2)
It shall be the duty of such persons as from time to time may be
designated by resolution of the Common Council to apprehend any unlicensed
dogs. The Police Department shall, whenever possible, see that such
dogs are transferred to the Milwaukee Area Domestic Animal Control
Facility (MADAC) 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 animal control facility. When the dog is impounded by the
City before being transferred to MADAC, the owner reclaiming the dog
shall be required to pay an amount as established by resolution of
the Common Council to the City.
D.
Running at large.
(1)
It shall be the duty of the Police Department and such other persons
as from time to time may be designated by resolution of the Common
Council 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.
(2)
The owner of any dog previously determined to be dangerous found
running at large shall, upon conviction, pay a forfeiture of not less
than $200 nor more than $1,000.
(3)
If the owner of a dog not a dog previously determined to be a dangerous
dog negligently or otherwise permits the dog to run at large or be
untagged, the owner shall forfeit not less than $25 nor more than
$100 for the first offense and not less than $50 nor more than $200
for subsequent offenses.
E.
Violations and penalties. Where any provision of this section is
violated and the violation precipitates impoundment of a dog, the
owner shall pay all impoundment fees and, in addition:
(1)
Except where a different penalty is specifically provided for in
this section, any person violating or committing violation of provisions
of this section shall, upon conviction, be assessed a forfeiture of
not less than $250 nor more than $1,000, plus costs and assessments.
(2)
Maintaining or keeping a vicious dog within the City limits of the
City is hereby declared to be a public nuisance, and the Common Council
may authorize commencement of action to abate such public nuisance
in addition to proceeding with any penalty provided in this section.
F.
Every day that a violation of this section continues it 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.
G.
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.
A.
License required. No person shall maintain more than
two dogs of licensable age in any residence or other establishment
unless he shall first have obtained a kennel license from the City
Clerk.
B.
Definition. The term "kennel" shall mean any establishment
where dogs are kept for the purpose of breeding, sale or sporting
purposes or for keeping or boarding dogs of others.
C.
Application and fee. Any person who keeps or operates a kennel may in lieu of the license tax for each dog required by § 180-4 apply to the City Clerk for a kennel license for the keeping or operating of such kennel. For such kennel he shall pay a license tax as provided by the current fee schedule on file with the City Clerk for the license year. With such kennel license the Clerk shall issue a number of tags equal to the number of dogs authorized to be kept in the kennel.
D.
Regulations.
(1)
Records required. The City Clerk shall make in triplicate
a list of the names of person owning and operating kennels and the
number of dogs kept in each.
(2)
Kennel tags. Kennel license tags shall be made in
a form so that they may be readily distinguishable from the individual
license tags for the same year. The licensee of a kennel shall at
all times keep one of such tags attached to the collar of each dog
over five months old kept by him under a kennel license. Such tags
may be transferred from one dog to another within the kennel whenever
any dog is removed from the kennel. No dog bearing any tag shall be
permitted to stray or to be taken anywhere outside the limits of the
kennel unless he is on a leash or temporarily out for the purposes
of hunting, breeding, trial or show.
(3)
Where located. No person shall establish, operate
or maintain a commercial kennel consisting of more than two dogs over
five months of age within 500 feet of any church, school, hospital,
sanitarium or building used wholly or partially for residence purposes
in the City.
[Amended 7-1-2008 by Ord. No. 1259]
In addition to the suspension or revocation of a license issued under this article, any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code, except where another penalty is provided herein.
[Adopted 4-19-2011 by Ord. No. 1301]
[1]
Editor’s Note: The title of this article was amended
from "Exotic Animals" to "Exotic and Other Animals" 12-18-2012 by
Ord. No. 1334.
A.
Permit. Except as herein specifically provided, no person may keep
any animal in or on any premises in the City of St. Francis without
first obtaining a permit for the keeping of the animal. All permits
issued under this section shall be issued by the City Health Department
and no permit shall be issued to any person for any animal if, in
the judgment of the City Health Administrator or designee, the animal
or the keeping of the animal on the proposed premises poses a danger
to the residents of the premises, the neighbors or the City residents
generally. In determining whether to grant or deny a permit, the Health
Inspector shall consider the number of animals currently kept on the
premises, the size of the premises, the number of residents on the
premises and nearby, the characteristics of the animal and all other
matters relevant to a determination of the degree of danger, health
risk, or nuisance posed by the animal. Any permit issued under this
section shall only be issued on payment of the permit fee established
by resolution of the Common Council and all permits shall expire on
June 30 following the date on which the permit is issued and all renewals
shall commence on July 1 of the year in which an application for renewal
is approved.
B.
Protected animals.
(1)
Possession and sale. It shall be unlawful for any person to possess with intent to sell or offer for sale, or buy or attempt to buy or procure, within the City any of the following animals, alive or dead, or any part of product thereof: All polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas) and Mexican ridley turtle (lepidochelys kempi), or any species listed under Subsection D of this article.
(2)
Compliance with federal regulations. It shall be unlawful for any
person 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 shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This Subsection B(3) shall not be construed to forbid or restrict the importation of 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.
C.
Protected animals exceptions. The provisions of Subsection A of this section shall not be deemed to prevent the 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 state department of natural resources or other applicable legal permits, to any person or organization licensed to present a circus or to any other similarly situated entity holding federal or state permits.
D.
Nondomesticated and/or wild animals; prohibition on keeping. It shall
be unlawful for any person to keep, maintain or have in their possession
or under their control within the City any venomous/poisonous reptile
or any other dangerous noncarnivorous or carnivorous nondomesticated
and wild animal, insect or reptile, any vicious or dangerous domesticated
and wild 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 their possession or under their
control within the City any of the following animals, reptiles or
insects:
(1)
All venomous/poisonous animals and reptiles.
(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), capable of growing to 30 inches in length
or more.
(8)
Constrictor snakes, capable of growing six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae), including all members of the deer family; for
example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Gamecocks 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)
Squirrels of flying or nonflying variety.
(28)
Poisonous insects.
(29)
Bees with four or more hives.
(30)
Wasps and hornets.
(31)
Pigs, to include pot-bellied pigs capable of growing to 15 pounds
or more whether designated as miniature or not.
(32)
Snapping turtles.
E.
Nondomesticated/wild animals; exceptions to prohibition on keeping. The prohibitions of Subsection C of this section shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; zoological gardens or other similarly situated entities with legal federal or state permits that are consistent with the St. Francis Code of Ordinance governing such animal 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.
(5)
No food establishment is located within 100 feet of the quarters
in which the animals are kept.
F.
Keeping of animals and birds.
(1)
Horses, swine, cattle, etc. No person, except a permitted slaughterhouse
or meat packer, shall keep horses, swine, cattle, sheep or goats in
the City, except horses for riding may be kept upon special permit
of the City Council after recommendation by the Board of Health.
(2)
Selling poultry; dyed baby chicks. No person shall display, give,
or sell dyed, colored or artificially treated baby chicks or ducklings
as pets or novelties. No person shall sell, give away or distribute
live chicks, ducklings, goslings, poultry or any other young of the
poultry family to be used as pets or novelties.
(3)
Commercial purposes. No person shall conduct for commercial purposes
any establishment in which dogs, cats, hares, rabbits, guinea pigs,
rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons,
parrots of any species, game birds or any species, are kept and maintained
in the commercial or industrial districts without first obtaining
from the Department of Public Health a permit so to do.
(4)
Giving away animals as prizes prohibited. No person while in the
City shall raffle, sell, or give away any live animal, bird or reptile:
[Added 12-18-2012 by Ord. No. 1334]
(a)
As a novelty, prize or premium as an inducement to enter a place
of amusement; or
(b)
As an incentive to enter into any business establishment or to enter into any business agreement or transaction; provided, however, that this Subsection F(4)(b) shall not be construed to apply to any establishment in the City that sells animals at retail as a primary business or to any entity organized and existing for the purpose of the medical and/or humane treatment of animals.
(5)
Keeping of chickens.
[Added 7-21-2020 by Ord. No. 1466; amended 10-6-2020 by Ord. No. 1470]
(a)
ADJACENT PROPERTY
CHICKEN
COOP
ENCLOSED COOP
KEEP
OCCUPIED STRUCTURE
OPEN COOP
PERMIT
ROOSTER
Definitions: the following terms, when used in this section,
shall have the meanings set forth below:
Any property to the side, rear or front of any other property,
excluding any property across a street or alley.
A domestic chicken of the subspecies Gallus gallus domesticus.
An enclosed coop or open coop as defined in this section.
A covered, predator- and vermin-resistant, well-ventilated,
wired for an electrical heat source, new or existing accessory structure
providing a minimum of two square feet per chicken, up to a maximum
of 40 square feet for any coop, inclusive of the enclosed run, designed
or modified for keeping of chickens where the chicken is not visible
from the outside of the structure.
Either the owning, keeping, possessing or harboring of any
live chicken(s).
A residential dwelling or other building intended and used
for human habitation.
A covered, predator- and vermin-resistant, well-ventilated,
wired for an electrical heat source, new or existing accessory structure
providing a minimum of two square feet per chicken, to a maximum of
40 square feet for any coop, including any enclosed run designed or
modified for the keeping of chickens where the chicken is visible
from outside the structure.
A privilege to allow a chicken or chickens to be kept on
the licensed premises.
A male chicken of any age, including a capon or otherwise
neutered male chicken.
(b)
Annual chicken permit, building permit required. No person shall keep any chicken(s) within the City without first obtaining, and thereafter maintaining, a chicken permit hereunder, and no person shall construct any coop without first obtaining a building permit under § 198-3 of the Code.
[1]
Fee. An application fee, as determined by the current fee schedule
on file with the City Clerk, shall be paid to the City by the applicant
when the application is filed.
[2]
Zoning. A permit for the keeping of a chicken or chickens may
only be issued for property used for a single-family or two-family
dwelling unit located within a residential zoned district.
[3]
Application. The application for a chicken permit shall be made
using such forms as required by the City, and such application shall
be submitted together with the application fee and all of the following:
[a]
An accurate scaled drawing showing the location
of one proposed coop where the chicken(s) will be kept that complies
with all of the provisions of this subsection, the number of chickens
requested, distances from such coop to lot lines and occupied buildings
on the subject lot and adjacent property, and a depiction of all fencing.
[b]
If the applicant is not the owner of the parcel,
the property owner must sign the application certifying approval of
the use of the premises for this purpose. The property owner's signature
must be notarized.
[c]
A plan to ensure the proper maintenance and cleaning
of the area where the chickens will be kept.
[d]
A plan to ensure the proper feeding, shelter, and
care of the chickens.
[e]
Documentary 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 Ch. ATCP 17, Wis. Adm. Code.
[4]
Action on application.
[a]
The application shall be provided to the Zoning
Administrator, who shall provide notice of the application, by regular
mail, to the property owner (if not the applicant) and to the owners
of all adjacent property.
[b]
If there are no written objections from such owners
within 30 days from the date of mailing of the notices, the application
for the permit shall be deemed accepted by such owners, and the Zoning
Administrator may issue the permit if the application is otherwise
compliant with this section and all other applicable provisions of
the Code.
[5]
If an objection is received, there shall be a hearing before
the Licensing Committee, and the Licensing Committee shall approve
the application only upon finding that these standards are met:
(c)
Effect, duration of permit.
[1]
Effect of permit. A permit issued under this subsection shall
allow the original applicant to keep chickens on the subject property
in the permitted coop in compliance with this subsection. A new permit
is not required for new or replacement chickens on the property, provided
that the total shall not exceed four chickens at any time for any
enclosed coop or two chickens for any open coop. A permit is not transferable
from the applicant to any other person and does not run with the land
to a new owner of the property.
[2]
Duration. A permit issued pursuant to this subsection shall
have a duration of one year, unless the permit is revoked or lapses
pursuant to the provisions of this subsection prior to the expiration
of said term. The permit shall lapse automatically if no chicken is
kept on the property for any consecutive six-month period.
(d)
Additional restrictions.
[1]
Confinement of chickens. All chickens permitted under this subsection
shall be kept within an enclosed coop or open coop at all times.
[2]
Roosters prohibited. No person shall keep any rooster(s) within
the City limits.
[3]
Permit limitations. A permit issued under this subsection may
permit only one coop housing not more than four chickens for any residential
lot; provided, however, that if the application provides for an open
coop, a maximum of two chickens may be permitted. Only one permit
may be in effect for any lot at any time.
[4]
Slaughtering. No chicken(s) shall be slaughtered within the
City limits.
[5]
Chicken coop construction, maintenance.
[a]
A chicken coop, whether an enclosed coop or an
open coop, shall be deemed a structure and shall require a building
permit as well as Zoning Administrator approval. The Zoning Administrator
shall study such application and approve a chicken coop only upon
finding that the provisions of this subsection, and the following
standards, are met:
[b]
The permit holder shall construct or cause the
coop as approved to be constructed in a workmanlike manner, to be
moisture-resistant, and either raised up off the ground or placed
on a hard surface, such as concrete, patio block or gravel, and in
a manner that will avoid the collection of standing water.
[c]
The permit holder shall be responsible to ensure
that the coop shall be cleaned of droppings, uneaten feed, feathers
and other waste not less than daily and more often as is necessary
to ensure that the coop and yard do not become a health, odor or other
nuisance.
[d]
The permit holder shall be responsible to ensure
that the chicken(s) are provided with fresh water at all times and
adequate amounts of food and for ensuring that all food and supplies
are maintained in a secure and rodentproof container.
[e]
The operation of a coop and maintenance of any
chicken(s) shall, at all times, be conducted pursuant to the plans
and representations made in the application.
[7]
Waste disposal. All waste generated by the operation of the coop, including manure, droppings, organic bedding material and spoiled feed, shall be disposed of in accordance with Chapter 386, Solid Waste, of this Code. Any chicken carcass may not be composted. Waste is prohibited from being deposited at the City yard waste site. Waste cannot be stockpiled to create a nuisance or odor.
[8]
Inspection. The Building Inspector and Health Department shall
be allowed to enter the property of a permit holder to access the
coop, feed storage and waste storage areas of the operation to determine
compliance with the provisions of this section.
[9]
Business or commercial use prohibited. Nothing herein shall
be interpreted to authorize the conduct of a business or commercial
use on a residential property. No sales of eggs, chicks, or chickens
shall be made from any residential property.
[10]
Nuisance prohibited. No person shall keep or maintain any chicken(s)
that cause any nuisance, unhealthy condition, create a public health
threat or otherwise interfere with the normal use of property or enjoyment
of life by humans or animals.
[11]
Costs incurred by the City in inspection, investigation, testing,
quarantine, isolation, vaccination, humane euthanasia, or otherwise
arising from the subject property owner's keeping of any chicken(s)
may be charged to the property owner, and such charges that remain
unpaid within the time allowed may be imposed on the tax bill for
the subject property as a special charge, pursuant to Wis. Stats.
§ 66.0627.
[12]
Public health requirements. Chickens shall be kept and handled
in a sanitary manner to prevent the spread of communicable diseases
among birds or to humans.
[a]
Any person holding a permit issued under this subsection
shall immediately report any unusual illness or death of chickens
to the Health Department.
[b]
The Health Department or its agents may order testing,
quarantine, isolation, vaccination or humane euthanasia of ill chicken(s)
or any chicken(s) believed to be carriers of a communicable disease.
[13]
Removal. All chickens shall be immediately removed from the
property upon lapse, revocation or expiration of the permit for keeping
chickens. The enclosure in its totality, including any fencing, covered
enclosure, chicken coop, or any other structure or structural elements,
shall be completely removed from the property within 15 days of the
lapse, revocation or expiration of the permit for keeping of chickens.
(e)
Compliance; costs; penalties.
[1]
In addition to any other penalty provided for under § 180-9, any permit holder found in violation of this subsection and/or Chapter 320, Nuisances, of this Code, declaration of a public nuisance, shall be provided a warning notice of compliance. If two warning notices are issued within a twelve-month period, the permit shall be immediately revoked. Reissuance of any revoked permit is subject to a public hearing and City Council approval.
[2]
Costs that the City may incur in inspection, investigation, testing, quarantine, isolation, vaccination, humane euthanasia, or otherwise arising from the subject property owner's keeping of chickens may be charged to the property owner, and such charges that remain unpaid within the time allowed may be imposed on the tax bill for the subject property as a special assessment, pursuant to § 66.0627, Wis. Stats., and Chapter 10, Assessments and Charges, of this Code.
G.
Exceptions. Section 180-8 does not apply to the following animals which are regulated elsewhere or which the Common Council believes do not pose a potential danger if limited to the number specified herein. All numerical limitations apply to the building structure in which the animal is kept. Nothing in this ordinance is intended to supersede existing regulations governing dogs, cats, and pigeons:
(1)
Dogs (canis familiaris), cats (felis domesticus), and pigeons.
(2)
Small birds such as finches, parakeets, cockatoos, canaries, cockatiels,
etc., if not more than four in total.
(3)
Tropical fish.
(4)
Turtles weighing less than one pound, excluding snapping turtles.
(5)
Parrots if not more than two in total.
(6)
Nonvenomous snakes capable of growing to no more than five feet at maturity, if not more than two in total. Snakes capable of growing to more than five feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the snake.
(7)
Gerbils, guinea pigs, rabbits, rats and mice, not more than five
in total.
(8)
Frogs, toads, geckos, salamanders, not more than 10 in total.
(9)
Such other animals as the Board of Health may from time to time determine
do not pose a danger, probable health risk, or nuisance. All such
animals determined by the Board of Health that do not pose a danger
shall be exempt from the provisions of this article on adoption of
a Common Council resolution reflecting the Board's determination.
H.
Each permit issued under this section shall provide that when the
number of animals increase over the number permitted by reason of
propagation by permitted animals, the person holding the permit shall
remove sufficient number of animals from the premises to again be
in compliance with the permit within 120 days after the birth of the
new animals. Nothing herein or in any permit shall be construed to
authorize the operation of a commercial animal enterprise on any premises
other than a pet store located in a properly zoned district. The fee
for permits issued hereunder shall be established by the Common Council
and be included in the Administrative Fee Schedule.[2]
[2]
Editor's Note: Said fee schedule is on file in the City Clerk's
office.
I.
Health nuisances. The Health Officer may prohibit the keeping of
any animal or fowl in any place, location or manner which in his or
her judgment would constitute a health nuisance or be in violation
of this section.
J.
Penalty. If a person violates any provision of this section such person shall be subject to the general penalty provisions set forth under § 180-9 of the St. Francis Code. Each day a person keeps any animal in violation of any of the provisions of this article constitutes a separate offense for each animal so kept.
(1)
Dogs (canis familiaris), if not more than two.
(2)
Cats (felis domesticus), if not more than two.
(3)
Parakeets, cockatoos and cockatiels if not more than 4 in total.
(4)
Tropical fish.
(5)
Turtles weighing less than one pound.
(6)
Parrots, if not more than two in total.
(7)
Nonvenomous snakes capable of growing to no more than five feet at maturity, if not more than two in total. Snakes capable of growing to more than five feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the snake.
(8)
Nonvenomous lizards capable of growing to no more than three feet at maturity, if not more than two in total. Lizards capable of growing to more than three feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the lizard.
(9)
Gerbils, not more than five in total, rabbits not more than five
in total, rats and mice, not more than five in total.
(10)
Frogs, toads, geckos, salamanders, not more than 10 in total.
(11)
Such other animals as the Board of Health may from time to time
determine to not pose a danger. All such animals determined by the
Board of Health to not pose a danger shall be exempt from the provisions
of this article on adoption of a resolution reflecting the Board's
determination and publication of the Board's determination on the
City's web site and posting for 30 days at City Hall. The Board shall
forward a copy of all such resolutions to the Common Council, City
Clerk and Building Inspector.
K.
No person may keep any animal in an unhealthy condition whether the
animal is one permitted by virtue of this or any other ordinance or
one which is permitted by permit issued by the Health Inspector.
L.
Each day a person keeps any animal in violation of any of the provisions
of this ordinance constitutes a separate offense for each animal so
kept.
A.
The penalty for violations of any violation of Wisconsin State Statutes
adopted by reference in this Code of ordinances shall be limited to
a forfeiture which shall not exceed the maximum fine which may be
imposed upon conviction of the corresponding state statute, plus allowable
costs and required assessments.
B.
The penalty for violations of ordinances for which no specific penalty
is provided in this chapter and the penalty for violations of any
regulatory section of the City of St. Francis' Municipal Code of Ordinances
for which no specific penalty is provided shall be a forfeiture of
not more than $1,000.
C.
Juvenile penalties.
(1)
The penalty for juveniles who violate any section of this Code adopted
by reference to a Wisconsin State Statute in this Code of ordinances
shall be the maximum permissible under the State regulations governing
juvenile penalties in Municipal Courts for such violations.
(2)
The penalty for juveniles who violate any provision of this Code
not adopted by reference to a state statute and for which no specific
penalty is provided elsewhere shall be the maximum permissible under
the state regulations governing juvenile penalties in Municipal Courts
for such violations.
