[HISTORY: Adopted by the Village Board of
the Village of New Glarus 1-18-2000 by Ord. No. 99-14 as Title 7,
Ch. 1 of the 2000 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
Describes a dog or cat having nonfunctional reproductive
organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this section.
An animal kept and treated as a pet.
[1]
Editor's Note: Original Sec. 7-1-1(a), License
required, which immediately preceded this section, was deleted 7-1-2003
by Ord. No. 03-04.
A.
Required. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
five months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of New Glarus after the dog has reached five months of age,
the owner shall have the dog vaccinated against rabies within 30 days
after the dog is brought into the Village unless the dog has been
vaccinated as evidenced by a current certificate of rabies vaccination.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date that immunization expires as stated
on the certificate of vaccination or, if no date is specified, within
three years after the previous vaccination. The certificate of vaccination
shall meet the requirements of § 95.21(2), Wis. Stats.
[Amended 7-1-2003 by Ord. No. 03-04]
B.
Issuance of certificate of 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,
and the date that the immunization expires as specified for that type
of vaccine by the Center for Disease Control of the United States
Department of Health and Human Services and the Village.
C.
Copies of certificate. The veterinarian shall keep
a copy of each certificate of rabies vaccination in a file maintained
for this purpose until the date that the immunization expires or until
the dog is revaccinated, whichever occurs first.
D.
Vaccination tag. After issuing the certificate of
rabies vaccination, the veterinarian shall deliver to the owner a
rabies vaccination tag of durable material bearing the same serial
number as the certificate, the year the vaccination was given and
the name, address and telephone number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new
rabies vaccination tag with a new serial number to an owner in place
of the original tag, upon presentation of the certificate of rabies
vaccination. The veterinarian shall then indicate the new tag number
on the certificate and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination
and the cost associated with the issuance of a certificate of rabies
vaccination and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the Village
of New Glarus 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)
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)
The license fee under this section shall be as set
by the Village Board. The license year shall commence January 1 and
end December 31.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 101-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5)
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 101-2E.
(6)
The fact that a dog is without a tag attached to the
dog by means of a collar shall be presumptive evidence that the dog
is unlicensed. Any Village police or humane officer shall seize, impound
or restrain any dog for which a dog license is required which is found
without such tag attached.
(7)
Notwithstanding the foregoing, every dog specifically
trained to lead blind or deaf persons is exempt from the dog license
tax, and every person owning such a dog shall receive annually a free
dog license from the Village Clerk-Treasurer upon application therefor.
B.
[1]Kennel license.
[Added 1-17-2006 by Ord. No. 05-09;
amended 4-19-2011 by Ord. No. 11-01]
(1)
The
term "kennel" means a commercial establishment wherein or whereon
three or more dogs are kept for the purpose of breeding and selling.
(2)
Kennels
may only be located in commercial-zoned areas following a public hearing
and approval by the Village Board utilizing the conditional use procedures
prescribed in the Municipal Code for the Village. The Village Board
may attach conditions to such approval as a conditional use under
the Village’s Zoning Code.
(3)
Conditional
use permits issued for the purpose of operating a kennel shall be
renewed every two years, using the same process as required for the
initial conditional use. The fee for the two-year conditional use
for operation of a kennel shall be $150.
(4)
A condition
of the kennel license shall be that the licensed premises may be entered
and inspected at any reasonable hour by appropriate Village officials
without any warrant and the application for a permit hereunder shall
be deemed a consent to this provision. Any refusal to permit such
inspection shall automatically operate as a revocation of any permit
issued hereunder and shall be deemed a violation of this section.
Should any permitted premises be found to constitute a public nuisance,
i.e., barking dogs and/or dogs running at large, the permit shall
be revoked and the nuisance abated pursuant to Village ordinances.
[1]
Editor’s Note: Former Subsection B, Multiple pet permits,
was repealed 4-19-2011 by Ord. No. 11-01.
[Amended 7-1-2003 by Ord. No. 03-04]
A late fee as set by the Village Board shall
be assessed by the collecting official 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. Said late fee shall be charged
in addition to the required license fee.
A.
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.
B.
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Animal suspected of biting a person or being infected
or exposed to rabies.
(1)
Dog or cat. A Village law enforcement or animal control
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 shall attempt to kill the animal in a
humane manner and in a manner which avoids damage to the animal's
head.
(2)
Other animals. An officer may order killed or may
kill an animal other than a dog or cat if the officer has reason to
believe that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. A Village law enforcement or animal control 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)
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)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal and if the dog or cat is not currently immunized
against rabies, the custodian of an isolation facility or the owner
shall keep the animal leashed or confined for 180 days. The owner
shall have the animal vaccinated against rabies between 155 and 165
days after the exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal but the dog or cat is immunized against rabies,
the custodian of an isolation facility or the owner shall keep the
animal leashed or confined for 60 days. The owner shall have the animal
revaccinated against rabies as soon as possible after exposure to
a rabid animal.
(4)
Destruction of a dog or cat exhibiting symptoms of
rabies. If a veterinarian determines that a dog or cat exhibits symptoms
of rabies during the original or extended observation period, the
veterinarian shall notify the owner and the officer who ordered the
animal quarantined and the officer or veterinarian shall kill the
animal in a humane manner and in a manner which avoids damage to the
animal's head. If the dog or cat is suspected to have bitten a person,
the veterinarian shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory
of Hygiene. An officer who kills an animal shall deliver the carcass
to a veterinarian or 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 Village, the veterinarian or local health department
who or which prepared the carcass and, if the animal is suspected
to have bitten a person, that person or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian
who is requested to be involved in the rabies control program by an
officer is encouraged to cooperate in a professional capacity with
the Village, the Laboratory of Hygiene, the local health department,
the officer involved and, if the animal is suspected to have bitten
a person, the person's physician.
G.
Responsibility for quarantine and laboratory expenses.
The owner of an animal is responsible for any expenses incurred in
connection with keeping the animal in an isolation facility, supervision
and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory
examination.
A.
It shall be unlawful for any person within the Village
of New Glarus to own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(7)
In the case of a dog, is unlicensed.
B.
Vicious animals.
(1)
Vicious dogs.
[Amended 4-19-2011 by Ord. No. 11-01]
(a)
Definitions of vicious dog:
[1]
Any dog or dog-hybrid with a propensity, tendency or disposition
to attack, assault, 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.
[2]
Any dog or dog-hybrid which has attacked a human being or another
animal without provocation.
[3]
Any dog or dog-hybrid owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
(b)
Determination. The Police Department shall investigate every dog complaint and make a determination as to whether or not a dog is "vicious," as defined in Subsection B(1)(a) above. In the event the department makes a determination that a dog is "vicious," they shall inform the owner or keeper of such dog and provide such person with a copy of this section.
(c)
Appeal. Any person aggrieved by the determination of the police
department may appeal such determination to the Village Public Safety
Committee. Notice of intent to appeal shall be filed within 10 days
of the notice of determination. Failure to file such notice shall
act as an acceptance of said determination.
(d)
Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection B(1)(b) above, or 10 days after an unsuccessful appeal under Subsection B(1)(c) above, the owner of a vicious dog shall either comply with all provisions of this section or dispose of such dog or remove it from the Village.
(e)
Disposition of vicious dogs. Any vicious dog which attacks a
human being or domestic animal may be ordered destroyed by a peace
officer or humane officer upon an order issued by a court pursuant
to § 174.02(3), Wis. Stats.
(f)
Requirements and prohibitions.
[1]
Leash and muzzle. No person owning, harboring or 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.
[2]
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen kennel, except when leashed and muzzled as provided in Subsection B(1)(f)[1] above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when 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]
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]
Prohibited in multiple dwellings. No vicious dog may be kept
within any portion of any multiple dwelling.
[5]
The keeping of any dog or dog-hybrid owned or harbored primarily
or in part for the purpose of dog fighting or any dog trained for
dog fighting is prohibited.
[6]
Signs. All owners or keepers of vicious dogs shall display in
a prominent place of their premises a sign easily readable by the
public with letters not less than two inches in height stating "Danger
- Vicious Dog." A similar sign is required to be posted on the kennel
or pen of the dog.
[7]
Insurance. All owners or keepers of vicious dogs or hybrid dogs
shall provide proof to the Village Administrator 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 or hybrid dogs. The insurance policy shall provide
that no cancellation of the policy will be made unless 10 days'
written notice is first given to the Village Administrator. 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.
(2)
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.
Animals running at large.
(1)
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
or law enforcement officer or animal control officer.
(2)
A dog or cat shall not be considered to be running
at large if it is on a leash not to exceed 10 feet in length and under
control of a person physically able to control it or if it remains
on the property of its owner.
D.
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.
A.
Animal control agency.
(1)
The Village of New Glarus may contract with or enter
into an agreement with such person, persons, organization or corporation
to provide for the operation of an animal shelter, impoundment of
stray animals, confinement of certain animals, disposition of impounded
animals and for assisting in the administration of rabies vaccination
programs.
(2)
The Village of New Glarus does hereby delegate to
any such animal control agency the authority to act pursuant to the
provisions of this section.
B.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, a Village law
enforcement or animal control officer may impound any dog, cat or
other animal which habitually pursues any vehicle upon any street,
alley or highway of this Village, assaults or attacks any person,
is at large within the Village, habitually barks, cries or howls,
kills, wounds or worries any domestic animal or is infected with rabies.
In order for an animal to be impounded, the impounding officer must
see or hear the violation of this section or have in his possession
a signed statement of a complaining witness alleging the facts regarding
the violation.
C.
Claiming animal; disposal of unclaimed animals. After
seizure of animals under this section by a Village law enforcement
or animal control officer, the animal shall be impounded. After the
officer has taken such animal into his possession, 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. 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, if an animal before
being impounded has bitten a person, the animal shall be retained
in the animal shelter for 10 days for observation purposes. Within
such times, the owner may reclaim the animal upon payment of impoundment
fees, such fees to be established by resolution of the Village Board.
No animal shall be released from the pound without being properly
licensed if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner does not reclaim
the animal within seven days, the animal control officer may sell
the animal to any willing buyer.
E.
Village not liable for impounding animals. The Village
and/or its animal control agency shall not be liable for the death
of any animal which has been impounded or disposed of pursuant to
this section.
No dog or cat shall be permitted in any public
cemetery or park. Every dog specially trained to assist disabled 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 and shall keep
such dog or cat confined for not less than 10 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 law enforcement
or 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. 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 materially
to 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.
Protected animals.
(1)
Possession and sale of protected animals. It shall
be unlawful for any person, firm or corporation to possess with intent
to sell or offer for sale or buy or attempt to buy, within the Village,
any of the following animals, alive or dead, or any part or product
thereof: all wild cats of the family felidae, polar bear (thalarctos
maritimus), red wolf (canis niger), vicuna (vicugna vicugna), gray
or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific
ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia
mydas) or Mexican ridley turtle (lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful
for any person, firm or corporation to buy, sell or offer for sale
a native or foreign species or subspecies of mammal, bird, amphibian
or reptile, or the dead body or parts thereof, which appears on the
endangered species list designated by the United States Secretary
of the Interior and published in the Code of Federal Regulations pursuant
to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person,
firm or corporation shall import or cause to be imported into this
Village any part of the plumage, skin or dead body of any species
of hawk, owl or eagle. This subsection shall not be construed to forbid
or restrict the importation or use of the plumage, skin, body or any
part thereof legally collected for use by the American Indians for
ceremonial purposes or in the preservation of their tribal customs
and heritage.
B.
The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, or by any person or organization licensed to present a circus.
C.
Wild animals; prohibition on keeping. It shall be
unlawful for any person to keep, maintain or have in his possession
or under his control within the Village any poisonous reptile or any
other dangerous or carnivorous wild animal, insect or reptile, any
vicious or dangerous domesticated animal or any other animal or reptile
of wild, vicious or dangerous propensities. Specifically, it shall
be unlawful for any person to keep, maintain or have in his possession
or under his control within the Village any of the following animals,
reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); ans siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or
more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the
deer family; for example, whitetailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Ferret.
(13)
Game cocks and other fighting birds.
(14)
Hippopotami (Hippopotamidae).
(15)
Hyenas (Hyaenidae).
(16)
Jaguars (Panthera onca).
(17)
Leopards (Panthera pardus).
(18)
Lions (Panthera leo).
(19)
Lynxes (Lynx).
(20)
Monkeys, old world (Cercopithecidae).
(21)
Ostriches (Struthio).
(22)
Pumas (Felis concolor), also known as cougars,
mountain lions and panthers.
(23)
Rhinoceroses (Rhinocero tidae).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
(28)
Except on properly zoned farms, horses, mules,
ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal
raised for fur-bearing purposes unless otherwise permitted elsewhere
in this Code.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment, agricultural fairs, shows or projects of the 4-H Clubs, a display for judging purposes, an itinerant or transient carnival, circus or other show, dog or cat shows or trials, public or private educational institutions, licensed pet shops, zoological gardens or miniature golf courses, 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.
A.
No person may sell, offer for sale, raffle, give as
a prize or premium, use as an advertising device or display living
chicks, ducklings, other fowl or rabbits that have been dyed or otherwise
colored artificially.
B.
Requirements for sales.
(1)
No person may sell, offer for sale, barter or give
away living chicks, ducklings or other fowl without providing proper
brooder facilities for the care of such chicks, ducklings or other
fowl during the time they are in such person's care, custody or control.
(2)
No retailer, as defined in § 100.30(2)(e),
Wis. Stats., may sell, offer for sale, barter or give away living
baby rabbits, baby chicks, ducklings or other fowl under two months
of age, in any quantity fewer than six, unless the purpose of selling
these animals is for agricultural, wildlife or scientific purposes.
A.
No person owning or responsible for confining or impounding
any animal may refuse or neglect to supply the animal with a sufficient
supply of food and water as prescribed in this section.
B.
The food shall be sufficient to maintain all animals
in good health.
C.
If potable water is not accessible to the animals
at all times, it shall be provided daily and in sufficient quantity
for the health of the animal.
A.
Proper shelter. No person owning or responsible for
confining or impounding any animal may fail to provide the animal
with proper shelter as prescribed in this section. In the case of
farm animals, nothing in this section shall be construed as imposing
shelter requirements or standards more stringent than normally accepted
husbandry practices in the particular county where the animal or shelter
is located.
B.
Indoor standards. Minimum indoor standards of a shelter
shall include:
C.
Outdoor standards. Minimum outdoor standards of a
shelter shall include:
(1)
Shade 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)
Protection from inclement weather.
(a)
All animals. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended
outdoors under weather conditions which adversely affect the health
of the dog, a shelter of suitable size to accommodate the dog shall
be provided.
D.
Space standards. Minimum requirements for both indoor
and outdoor enclosures shall include:
(1)
Structural strength. The housing facilities shall
be structurally sound and maintained in good repair to protect the
animals from injury and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed
and maintained so as to provide sufficient space to allow each animal
adequate freedom of movement. Inadequate space may be indicated by
evidence of debility, stress or abnormal behavior patterns.
E.
Sanitation. Minimum standards of sanitation for both
indoor and outdoor enclosures shall include periodic cleaning to remove
excreta and other waste materials, dirt and trash so as to minimize
health hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer or animal control officer
may remove, shelter and care for an animal found to be cruelly exposed
to the weather, starved or denied adequate water, neglected, abandoned
or otherwise treated in a cruel manner and may deliver such animal
to another person to be sheltered, cared for and given medical attention,
if necessary. In all cases, the owner, if known, shall be immediately
notified and such officer, or other person having possession of the
animal shall have a lien thereon for its care, keeping and medical
attention, and the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with
reasonable effort, be ascertained or does not, within five days after
notice, redeem the animal by paying the expenses incurred, it may
be treated as a stray and dealt with as such.
(4)
Whenever in the opinion of any such officer or animal
control officer an animal is hopelessly injured or diseased so as
to be beyond the probability of recovery, it shall be lawful for such
officer to kill such animal, and the owner thereof shall not recover
damages for the killing of such animal unless he shall prove that
such killing was unwarranted.
(5)
Section 173.10, Investigation of cruelty complaints,
and § 173.24, Expenses of investigation, of the Wisconsin
Statutes, are hereby adopted by reference and made a part of this
chapter.
B.
Injured animals. No person who owns, harbors or keeps
any animal shall fail to provide proper medical attention to such
animal when and if such animal becomes sick or injured. In the event
the owner of such animal cannot be located, the Village or any animal
control agency with which the Village has an agreement or contract
shall have the authority to take custody of such animal for the purpose
of providing medical treatment, and the owner thereof shall reimburse
the person or organization for the costs of such treatment.
A.
Acts of cruelty prohibited. No person except a law
enforcement officer or animal control officer in the pursuit of his
duties shall, within the Village, shoot or kill or commit an act of
cruelty to any animal or bird or disturb any bird's nest or bird's
eggs.
B.
Leading animal from motor vehicle. No person shall
lead any animal upon a Village street from a motor vehicle or from
a trailer or semitrailer drawn by a motor vehicle.
C.
Use of poisonous and controlled substances. No person
may expose any pet animal owned by another to any known poisonous
substance or controlled substance included in Schedule I, II, III,
IV or V of Ch. 961, Wis. Stats., or any controlled substance analog
of a controlled substance in Schedule I or II of Ch. 961, whether
mixed with meat or other food or not, where it is reasonable to anticipate
the substance may be eaten by such animal or for the purpose of harming
the animal. This subsection shall not apply to poison used on one's
own premises and designed for the purpose of rodent and pest extermination,
nor the use of a controlled substance used in accepted veterinarian
practice or in research by persons or organizations regularly engaged
in such research.
[Amended 7-1-2003 by Ord. No. 03-04]
D.
Use of certain devices prohibited. No person may directly
or indirectly, or by aiding, abetting or permitting the doing thereof,
either put, place, fasten, use or fix upon or to any animal used or
readied for use for a work purpose or for use in an exhibition, competition,
rodeo, circus or other performance any of the following devices: a
bristle burr, tack burr or like device, or a poling device used to
train a horse to jump which is charged with electricity or to which
has been affixed nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may
instigate, promote, aid or abet, as a principal, agent, employee,
participant or spectator, or participate in the earnings from or intentionally
maintain or allow any place to be used for the shooting, killing or
wounding with a firearm or any deadly weapon of any animal that is
tied, staked out, caged or otherwise intentionally confined in a man-made
enclosure, regardless of size.
A.
Purpose. The keeping of a large number of dogs within
the Village of New Glarus for a considerable period of time detracts
from and, in many instances, is detrimental to healthful and comfortable
life in such areas. The keeping of a large number of dogs is, therefore,
declared a public nuisance.
B.
DOG
FAMILY
RESIDENTIAL LOT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any canine, regardless of age or sex.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.
[Amended 7-1-2003 by Ord. No. 03-04]
A parcel of land occupied or to be occupied by a dwelling,
platted or unplatted, and under common ownership. For the purpose
of this section, any vacant parcel or parcels adjoining a dwelling
and under the same ownership shall constitute one lot.
C.
Limitations.
[Amended 8-17-2010 by Ord. No. 10-07; 4-19-2011 by Ord. No. 11-01]
(1)
No
person or family shall own, harbor or keep in its possession more
than three dogs on any residential lot without the prior approval
of the Village Board, except that a litter of pups or a portion of
a litter may be kept for not more than 12 weeks from birth. If more
than one family resides on a residential lot, then only a total of
three dogs shall be allowed on the residential lot unless prior approval
is obtained from the Village Board.
(2)
The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 101-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.
(3)
Any
person or family which has a valid multiple pet permit or conditional
use approval for more than three dogs at the time of adoption of this
subsection can maintain the number of dogs approved on the permit,
so long as they remain in compliance with the terms and conditions
of said permit, until they come into compliance the limit established
in this section. No new dogs may be obtained. Said permit shall be
renewed every two years as necessary. The fee for said permit shall
be $50 and shall be paid with the submittal of each renewal.
(4)
A
condition of renewal of the multiple pet permit shall be that the
licensed premises may be entered and inspected at any reasonable hour
by appropriate Village officials without any warrant and the application
for a permit hereunder shall be deemed a consent to this provision.
Any refusal to permit such inspection shall automatically operate
as a revocation of any permit issued hereunder and shall be deemed
a violation of this section. Should any permitted premises be found
to constitute a public nuisance, i.e., barking dogs and/or dogs running
at large, the permit shall be revoked and the nuisance abated pursuant
to Village ordinances.
A.
In the interest of public health and safety, it shall
be unlawful for any person in or on Village-owned land within the
Village of New Glarus to set, place or tend any trap for the purpose
of trapping, killing, catching, wounding, worrying or molesting any
animal, except by use of live box-type traps only. Live box-type traps
shall be defined as those traps which capture and hold an animal in
an alive and unharmed condition.
B.
This section shall prohibit the use of all traps other
than live traps as described above, including, but not limited to,
traps commonly known as leg traps, pan-type traps or other traps designed
to kill, wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply
with Chapter 29 of the Wisconsin Statutes as it relates to trapping.
D.
This section shall not apply to trapping on private
property.
E.
Nothing in this section shall prohibit or hinder the
Village of New Glarus or its employees or agents from performing their
official duties.
[Added 4-3-2012 by Ord. No. 12-03]
A.
Chickens allowed. Within the Village limits of New Glarus, female
chickens (hens) are allowed on lots with single-family dwellings.
B.
Roosters not allowed. Roosters are not allowed within the Village
limits of New Glarus.
D.
No slaughtering. There will be no slaughtering of chickens within
the Village limits of New Glarus, except on properties zoned and approved
for such use.
E.
Bird fighting. Raising or keeping of hens for fighting and the fighting
of hens and other fowl is not allowed within the Village of New Glarus
as per § 951.08, Wis. Stats.
F.
Chicken feed. All food must be kept in airtight containers that are
out of reach for wild animals.
G.
Chicken coops. Hens must be provided with a building structure that
houses them and follows the following rules:
(1)
Hens must be provided at least three square feet of floor space each.
(2)
A coop must have minimum dimensions of two feet long by two feet
wide by four feet tall.
(3)
There must be at least one nesting box per hen.
(4)
Coops must include elevated perches to ensure chickens are able to
rest in their natural position.
(5)
Coops must be structurally sound insulated, moisture proof and kept
in good repair.
(6)
Coops must have vents to insure proper ventilation during all times
of the year.
(7)
There must be a minimum of one foot of window for each 10 feet of
wall space.
(8)
Coops must be cleaned daily and the waste must be properly disposed of according to Chapter 257 in the Village Code.
(10)
Coops must provide access to the chicken run.
(11)
No coop shall be located closer than 25 feet to any residential
structure on an adjacent lot. Coops must be located in the rear yard
of the property or non-address side yard on corner lots.
H.
Chicken runs. The chickens must be provided with an outdoor fenced
structure in which to run around.
(1)
Hens must be provided with at least six square feet of space each
in the run.
(2)
The minimum dimensions are two feet wide by two feet long by three
feet tall.
(3)
The fencing must have spacing of no more than one inch.
(4)
The top of the run must be covered with fencing with spacing of one
inch or less.
(5)
The fencing should be buried a foot under the ground if the run is
not mobile.
J.
Application process. Applications will be submitted to the Village
Clerk's office and must contain the following:
(1)
Show the desired location for the coop and run on a scaled drawing
of the lot. The drawing shall include dwelling units on properties
within 100 feet of the proposed coop location and shall be approved
by the Building Inspector.
(2)
Provide the design for the desired coop along with proof of the building
permit for the building of the same.
(3)
All properties on which chickens kept must be properly registered
with the Wisconsin Department of Agriculture, Trade and Consumer Protection.
A copy of the proof of registration must accompany the application.
(4)
Application fee of $20 plus first annual license fee of $20.
L.
Renewal process. All licenses must be renewed on an annual basis
prior to January 1 of each year. License renewals will be submitted
to the Village Clerk's office and shall include:
M.
Penalties.
(1)
General complaints. This includes noise complaints and nuisance complaints
and others.
(a)
First offense: A warning will be given to the permit holder
that if similar complaints continue, a fee will be assessed as well
as the potential loss of a license.
(b)
Second offense: A fee of $50 will be assessed on the part of
the permit holder.
(c)
Third offense: The license of the permit holder will be revoked
for 12 months and a fine of $200 would be assessed.
(2)
Animal cruelty violations. These consist of but are not limited to
inadequate food or water, dirty coop, improper temperature conditions
for the birds, sick or unhealthy birds, and improper size coop.