[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Sec. 6-1-1 and Title 7, Ch. 1 of the 1986 Code. Amendments
noted where applicable.]
[Amended 6-10-2015 by Ord. No. 1-2015]
A.Â
License
required. It is unlawful for any person in the Village of Webster
to own, harbor or keep any dog more than five months of age after
July 1 of the license year without complying with the provisions of
this chapter relating to the listing, licensing and tagging of the
same.
B.Â
ANIMAL CONTROL AUTHORITY
ANIMAL CONTROL OFFICER
AT LARGE
CRUEL
DOG
DOG PACK
KENNEL
LAW ENFORCEMENT OFFICER
NEUTERED/SPAYED
OWNER
PET
RESIDENTIAL LOT
RESTRAIN
SERVICE ANIMAL
STRAY OR ABANDONED ANIMAL
UNTAGGED
Definitions.
In this chapter, unless the context or subject matter otherwise requires,
the following terms shall have the meanings indicated:
The persons and entities responsible for enforcement of the
animal control laws of the Village, or such person as is designated
by the Village, whether acting alone or in concert with other responsible
persons and/or local governmental units.
Any individual employed, contracted with, or appointed by
the Village for the purpose of aiding in the enforcement of this chapter.
To be off premises of the owner and not under the control
of some person either by leash or otherwise, but a dog within an automobile
of its owner, or in an automobile of any other person with the consent
of the owner of said dog, shall be deemed to be upon the owner's
premises.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
A group of two or more dogs running upon either public or
private property not that of their owner, in a state in which either
their control or ownership is in doubt or cannot readily be ascertained,
or when such dogs are not restrained or controlled.
An establishment where dogs are bred, trained or boarded.
Has the meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 58.07, Wis.
Stats.,[1] but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
A dog having nonfunctional reproductive organs.
Any person owning, harboring, having an interest in, having
control or custody of, or keeping a dog, cat or other animal and/or
the occupant of any premises on which a dog, cat or other animal remains
or to which it customarily returns daily for a period of 10 days;
such person is presumed to be harboring or keeping the dog, cat or
other animal within the meaning of this section.
Any animal kept and treated as a domesticated or household
pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
Includes notifying the dog owner or an officer and requesting
either the owner or officer to capture and restrain the dog, or capturing
and restraining the dog, and killing the dog if the circumstances
require immediate action.
Any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with
a disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to intruders
or sounds, providing minimal protection or rescue work, pulling a
wheelchair, or fetching dropped items.
Any dog whose owner or custodian remains unidentified after
a period of seven days.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
State Law Reference: § 174.05 through § 174.10,
Wis. Stats.
|
[1]
Editor's Note: Section 58.07, Wis. Stats., was repealed
by 1997 Act 192, § 2, effective December 1, 1999. For humane
officers, see now § 173.03, Wis. Stats.
[Amended 6-13-2001; 6-10-2015 by Ord. No. 1-2015]
A.Â
Rabies
vaccination. The owner of a dog shall have the dog vaccinated against
rabies by a veterinarian within 30 days after the dog reaches four
months of age and revaccinated within one year after the initial vaccination.
If the owner obtains the dog or brings the dog into the Village of
Webster after the dog has reached four months of age, the owner shall
have the dog vaccinated against rabies within 30 days after the dog
is brought into the Village unless the dog has been vaccinated as
evidenced by a current certificate of rabies vaccination. The owner
of a dog shall have the dog revaccinated against rabies by a veterinarian
before the date that immunization expires as stated on a certificate
of vaccination or, if no date is specified, within two years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.
B.Â
Issuance
of certificate of rabies vaccination. A veterinarian who vaccinates
a dog against rabies shall complete and issue to the owner a certificate
of rabies vaccination bearing a serial number and in the form approved
by the Village stating the owner's name and address; the name,
sex, spayed or unspayed, neutered or unneutered, breed and color of
the dog; the date of the vaccination, the type of rabies vaccination
administered and the manufacturer's serial number, the date that
the immunization expires as specified for that type of vaccine by
the Centers for Disease Control of the U.S. Department of Health and
Human Services and the Village.
C.Â
Copies
of certificate. The veterinarian shall keep a copy of each certificate
of rabies vaccination in a file maintained for this purpose until
the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.Â
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 serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.Â
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.Â
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.Â
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.
[Amended 6-10-2015 by Ord. No. 1-2015]
A.Â
Dog
licenses.
(1)Â
It shall be unlawful for any person in the Village of Webster to
own, harbor or keep any dog more than five months of age without complying
with the provisions of § 174.05 through § 174.10,
Wis. Stats., relating to the listing, licensing and tagging of the
same.
(2)Â
The owner of any dog more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually,
or on or before the date the dog becomes five months of age, pay a
license tax and obtain a license.
(3)Â
The minimum license tax under this section shall be:
(4)Â
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 98-2A of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state 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)Â
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 98-2E.
(6)Â
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
B.Â
Multiple-dog
licenses.
(1)Â
Any person who keeps more than three dogs shall, instead of a license tax for each dog required by this chapter, apply for a multiple-dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as prescribed in § 98-3A(1) for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple-dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Treasurer shall issue the multiple-dog license and a number of tags equal to the number of dogs authorized to be kept.
(2)Â
The owner or keeper of multiple dogs shall keep at all times a multiple-dog
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a multiple-dog license, but this
requirement does not apply to a show dog during competition, to a
dog securely confined indoors or to a dog securely confined in a fenced
area. The only exception is that a litter of pups or a portion of
the litter may be kept for not more than 10 weeks from birth. The
rabies vaccination tag or substitute tag shall remain attached to
the dog for which it is issued at all times, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. No
dog bearing a multiple-dog tag shall be permitted to stray or to be
taken anywhere outside the limits of the owner's premises unless
the dog is on a leash or temporarily unconfined/unleashed for the
purposes of hunting, breeding, trial, training or competition.
(3)Â
The term "multiple dog" means any establishment wherein or whereon
more than three or more dogs are kept.
(4)Â
No multiple dog license shall be issued to the keeper or operator
of multiple dogs who fails to provide proper food and drink and proper
shelter for the dogs or who neglects or abandons said dogs. Designated
officials shall investigate any complaints regarding the failure to
maintain proper standards or investigate any multiple dog premises
upon his/her own initiative. Expressly incorporated by reference in
this section as minimum standards for multiple-dog keepers or operators
are the relevant provisions of Ch. 174, Wis. Stats.
(5)Â
A condition of a multiple 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 license
hereunder shall be deemed 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 multiple-dog license be found to constitute
a public nuisance, the license shall be revoked and the nuisance abated
pursuant to Village ordinances.
C.Â
Exemption for leader dogs and service animals.
(1)Â
Service animals. Notwithstanding the foregoing, all service animals specifically trained to work or perform tasks for the benefit of an individual with a disability are exempt from the licensing tax, and every person owning such a dog shall receive annually a dog license from the Village Treasurer at no charge upon proper application thereof and proper vaccination required in Subsection A(4).
(2)Â
Leader dogs. Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the licensing tax, and every person owning such dog shall receive annually a dog license from the Village Treasurer at no charge upon proper application therefor and proof of rabies vaccination required in Subsection A(4).
State Law Reference: § 174.053, Wis. Stats.
|
The Village Clerk-Treasurer shall assess and
collect a late fee as established by the Village Board from every
owner of a dog five months of age or over if the owner failed to obtain
a license prior to April 1 of each year or within 30 days of acquiring
ownership of a licensable dog or if the owner failed to obtain a license
on or before the dog reached licensable age.
A.Â
Dogs and cats confined. If a district 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-Treasurer shall promptly post, in at least three
public places in the village, notices of quarantine furnished by the
local health department for posting.
[Amended 6-13-2001]
B.Â
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.Â
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)Â
Quarantine or sacrifice of dog or cat. An officer
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 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)Â
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.Â
Quarantine of dog or cat.
(1)Â
Delivery to isolation facility or quarantine on premises
of owner. 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.
(2)Â
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.
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)Â
Risk to animal health.
(a)Â
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)Â
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)Â
Sacrifice 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.Â
Delivery of carcass; preparation; examination by Laboratory
of Hygiene. 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 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 veterinarian or local health department which prepared
the carcass and, if the animal is suspected to have bitten a person,
that person or that person's physician.
[Amended 6-13-2001]
F.Â
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 Laboratory of Hygiene, the local health department, the officer
involved and, if the animal is suspected to have bitten a person,
the person's physician.
[Amended 6-13-2001]
G.Â
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.Â
Restrictions. It shall be unlawful for any person
within the Village of Webster to own, harbor or keep any dog or cat
which:
(1)Â
Habitually pursues any vehicle upon any public street,
alley or highway in the village.
(2)Â
Assaults or attacks any person or destroys property.
(3)Â
Is at large within the limits of the village.
(5)Â
Kills, wounds or worries any domestic animal.
(6)Â
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(7)Â
In the case of a dog, is unlicensed.
B.Â
Vicious dogs and animals.
(1)Â
A showing that a dog or other animal has bitten, attacked
or injured any person shall constitute a prima facie showing that
such dog or animal is vicious. A dog or other animal is deemed to
be vicious when it has attacked or bitten any person when a propensity
to attack or bite persons exists or is known or reasonably should
be known to the owner. Any vicious dog or animal which is found off
the premises of its owner may be seized by any police officer and,
upon establishing to the satisfaction of a court the vicious character
of such dog or animal, may be destroyed. Notwithstanding the above,
a police officer may kill or tranquilize a vicious dog or animal if
he determines that it is necessary to take such action in order to
prevent real and immediate personal injury to any person, including
himself.
[Amended 11-14-2012 by Ord. No. 2-2012]
(2)Â
No person shall harbor or permit to remain on his
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.Â
Animals running at large.
(1)Â
No person having in his 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
officer or a village police officer.
(2)Â
A dog or cat shall not be considered to be running
at large if it is on a leash and under control of a person physically
able to control it.
D.Â
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.
E.Â
Penalties and costs. The owners of said dogs shall
pay all fees connected with the impounding of said animals and be
ordered to appear in the Webster Municipal Court to pay a forfeiture
of $50 plus court costs for the first offense and $60, $70, $80 and
$90 plus court costs for each subsequent offense.
[Amended 6-13-2007]
A.Â
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any police or
humane 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 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.
B.Â
Claiming animal; disposal of unclaimed animals. After
seizure of animals under this section by the village police or humane
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 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 14 days for observation purposes. Within such time
the owner may reclaim the animal upon payment of an impoundment fee
as established by the Village Board, plus an additional fee for each
day it remained in the animal shelter. No animal shall be released
from the pound without being properly licensed if so required by state
law.
C.Â
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the animal warden may sell the animal
to any willing buyer.
D.Â
Village not liable for impounding animals. The Village
shall not be liable for the death of any animal which has been impounded
or disposed of pursuant to this section.
No dog or cat shall be permitted in any public
cemetery. Every dog specially trained to lead blind persons shall
be exempt from 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 Police Department of the Village
of Webster and shall keep such dog or cat confined for not less than
14 days or for such period of time as the Police Department shall
direct. The owner or keeper of any such dog or cat shall surrender
the dog or cat to a village police officer or the humane officer upon
demand for examination.
The owner or person in charge of any dog 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. Anyone walking a dog without proper cleanup materials
may be deemed in violation of this section. This section shall not
apply to a person who is visually or physically handicapped.
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.
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. A
dog or cat is considered to be in violation of this section when two
formal, written complaints are filed with the Chief of Police within
a four-week period.
A.Â
Protected animals.
(1)Â
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) 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) or Mexican ridley
turtle (lepidochelys kempi).
(2)Â
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)Â
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.Â
Exceptions. The provisions of Subsection A above 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 Department of Natural Resources of the state or by any person or organization licensed to present a circus.
C.Â
Wild animals; prohibition on keeping. It shall be
unlawful for any person to keep, maintain or have in his possession
or under his control within the village any poisonous reptile or any
other dangerous or carnivorous wild animal 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 control within the village any of the following animals:
(1)Â
All poisonous animals and reptiles, including rear-fang
snakes.
(2)Â
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).
(3)Â
Baboons (Papoi, Mandrillus).
(4)Â
Bears (Ursidae).
(5)Â
Bison (Bison).
(6)Â
Cheetahs (Acinonyx jubatus).
(7)Â
Crocodilians (Crocodilia), 30 inches in length or
more.
(8)Â
Constrictor snakes, six feet in length or more.
(9)Â
Coyotes (Canis latrans).
(10)Â
Deer (Cervidae); includes all members of the deer
family, for example, white-tailed deer, elk, antelope and moose.
(11)Â
Elephants (Elephas and Loxodonta).
(12)Â
Game cocks and other fighting birds.
(13)Â
Hippopotami (Hippopotamidae).
(14)Â
Hyenas (Hyaenidae).
(15)Â
Jaguars (Panthera onca).
(16)Â
Leopards (Panthera pardus).
(17)Â
Lions (Panthera leo).
(18)Â
Lynxes (Lynx).
(19)Â
Monkeys, old world (Cercopithecidae).
(20)Â
Ostriches (Struthio).
(21)Â
Piranha fish (Characidae).
(22)Â
Pumas (Felis concolor), also known as cougars, mountain
lions and panthers.
(23)Â
Rhinoceroses (Rhinocero tidae).
(24)Â
Sharks (class Chondrichthyes).
(25)Â
Snow leopards (Panthera uncia).
(26)Â
Swine (Suidae).
(27)Â
Tigers (Panthera tigris).
(28)Â
Poisonous insects.
D.Â
Pet shops. The provisions of Subsection C above shall not apply to licensed pet shops, zoological gardens and circuses, if:
(2)Â
All animals and animal quarters are kept in a clean
and sanitary condition and so maintained as to eliminate objectionable
odors.
(3)Â
Animals are maintained in quarters so constructed
as to prevent their escape.
(4)Â
No person lives or resides within 100 feet of the
quarters in which the animals are kept.
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.
A.Â
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.Â
The food shall be sufficient to maintain all animals
in good health.
C.Â
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.Â
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.Â
Indoor standards. Minimum indoor standards of shelter
shall include:
C.Â
Outdoor standards. Minimum outdoor standards of shelter
shall include:
(1)Â
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)Â
Shelter from inclement weather.
(a)Â
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)Â
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.Â
Space standards. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(1)Â
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)Â
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.Â
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.Â
No person may abandon any animal.
B.Â
Any law enforcement 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.
C.Â
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, the animal
may be treated as a stray and dealt with as such.
D.Â
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.
E.Â
Wisconsin Statutes § 173.10, Investigation
of cruelty complaints, and § 173.24, Reimbursement for expenses,
are hereby adopted by reference and made a part of this chapter.
No person except a police officer or health
or humane 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 bird nests or bird eggs.
A.Â
In the interest of public health and safety, it shall
be unlawful for any person in or on land within the Village of Webster
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.Â
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.Â
All such traps set, placed or tended shall comply
with Chapter 29 of the Wisconsin Statutes as it relates to trapping.
D.Â
This section shall not apply to trapping within the
confines of buildings or homes.
E.Â
Nothing in this section shall prohibit or hinder the
Village of Webster or its employees or agents from performing their
official duties.
[Amended 6-13-2001; 10-8-2014 by Ord. No. 3-2014]
A.Â
Any person violating §§ 98-15, 98-16, 98-17, 98-18, 98-19 or 98-23 shall be subject to a forfeiture of not less than $100 and not more than $500. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating of this chapter.
C.Â
Refusal to comply with order or quarantine. An owner who refuses to comply with an order issued under § 98-5 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 and not more than $1,000 and, on default of payment of such forfeiture; shall be imprisoned until such forfeiture is paid, but not more than 60 days.
All structures, pens, buildings, stables, coops
or yards wherein animals or fowl are kept shall be maintained in a
clean and sanitary condition, free of rodents, vermin and objectionable
odors.
No person shall take or permit to remain any
dog, cat or other live animal on or upon any premises where food is
sold, offered for sale or processed for consumption by the general
public.
[Added 10-8-2014 by Ord.
No. 3-2014]
A.Â
VICIOUS DOG
(1)Â
(2)Â
(3)Â
Definitions. The terms used in this section are defined as follows:
Any dog with a propensity, tendency or disposition to attack,
cause injury or otherwise endanger the safety of human beings or other
domestic animals as evidenced by its habitual or repeated chasing
or snapping, or barking and/or snarling in a threatening manner.
Any dog which attacks a human being, another domestic animal,
or livestock without provocation.
Any dog owned or harbored primarily or in part for the purpose
of dogfighting, or any dog trained for dogfighting.
B.Â
Requirements and prohibitions.
(1)Â
Leash and muzzle. No person owning, harboring or having the care
of a vicious dog may suffer or permit such dog to go outside its kennel
or pen unless the dog is securely leashed with a leash no longer than
four feet in length. No person may permit a vicious dog to be kept
on a chain, rope or other type of leash outside its kennel or pen
unless a person is in physical control of the leash. The dog may not
be leashed to inanimate objects such as trees, posts and buildings.
A vicious dog on a leash outside the dog's kennel shall be muzzled
by a muzzling device sufficient to prevent the dog from biting persons
or other animals. A vicious dog shall not be required to be muzzled
when shown either in a sanctioned American Kennel Club show or upon
prior approval of the Police Chief.
(2)Â
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(1) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3)Â
Confinement indoors. No vicious dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit the building on its volition. No vicious dog may be kept in a
house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
(4)Â
Prohibited in multiple dwellings. No vicious dog may be kept within
any portion of any multiple dwelling.
(5)Â
Signs. All owners, keepers or harborers of vicious dogs shall, within
15 days of the effective date of this section, display in a prominent
place on their premises a sign easily readable by the public using
the words "Beware of Dog." A similar sign is required to be posted
on the kennel or pen of the dog.
(6)Â
Insurance. All owners, keepers or harborers of vicious dogs shall,
within 15 days of the effective date of this section, provide proof
to the Police Chief of public liability insurance in a single incident
amount of $50,000 for bodily injury to or death of any person or for
the damage to property owned by any person which may result from the
ownership, keeping or maintenance of vicious dogs. The insurance policy
shall provide that no cancellation of the policy will be made unless
a ten-day written notice is first given to the Police Chief. The owner
or custodian of the dog shall produce evidence of the required insurance
upon request of a law enforcement officer. This subsection does not
apply to dogs kept by law enforcement agencies.
C.Â
Vicious dog determination. The Police Chief, or his designee, shall investigate every dog complaint and make a determination as to whether or not such dog is "vicious," as defined in Subsection A above. In the event the Police Chief or his designee makes a determination that a dog is "vicious," he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
D.Â
Appeal of vicious dog determination. Any person aggrieved by the determination of the Police Chief or his designee, as provided in Subsection C above, may appeal such determination within 15 days to the Village Board.
E.Â
Disposition of vicious dogs. Any vicious dog which attacks a human
being, livestock, or domestic animal may be ordered destroyed by a
police officer or humane officer when, in the judgment of the Village
Board if the dog represents a continuing threat of serious harm to
human beings, livestock, or domestic animals.
F.Â
Penalty. Any person who violates any provision of this section shall, upon conviction, be subject to the payment of a forfeiture in an amount within a range as shown in § 98-20A, B, C and D, Violations and penalties, of the Village of Webster Municipal Code. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.
G.Â
Exemption. 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.