[HISTORY: Adopted by the Town Board of the
Town of Trenton 11-7-1989 as Title 7, Ch. 1 of the 1989 Code. Amendments noted where
applicable.]
In this chapter, the following definitions shall
be applicable:
Includes every living, warmblooded creature, except a human
being.
A booklet containing excerpts of Wisconsin state statutes
pertaining to animals in this chapter, as prepared by the Wisconsin
Department of Agriculture, Trade and Consumer Protection.
A strip, band, or chain placed around the neck of the animal.
A licensable age and unlicensed after April 1 of each year.
Includes any canine crossbreeds and may be referenced as
"animals" in this chapter.
An annually required license by April 1 of each year that
expires on December 31 of each year.
The animal is off of the premises of its owner or keeper
and not under the control of the owner or some other person by means
of a leash or lead rope.
Any establishment or premises where dogs of an age older
than 16 weeks are kept, harbored, sheltered, or possessed in a total
number exceeding three, or, where dogs and cats of an age older than
16 weeks are kept, harbored, sheltered, or possessed in a total number
exceeding five. Notwithstanding the limitation in the previous sentence,
any single parcel measuring 10 acres or greater in land area shall
not be considered a kennel if it harbors, shelters, or possesses not
more than 20 cats. The intent of this exception is to permit agricultural
properties to maintain a reasonable number of what are commonly referred
to as "barn cats" or "farm cats."
[Amended 10-19-2010 by Ord. No. 10-1-2010]
An additional late fee amount as shown in the schedule of
deposits, bonds and fees that shall be assessed and collected from
each owner or keeper of licensable animals considered delinquent.
Any peace officer, law enforcement officer, humane officer
or warden as defined by state statute.
Any person owning, harboring, or keeping a dog, including
the occupant of any premises within the Town on which a dog customarily
stays or remains.
A certificate upon which is recorded the rabies tag number,
the date immunized, the date of expiration and the signature of the
veterinarian.
A current rabies vaccine that has been administered by a
licensed veterinarian.
[Amended 10-19-2010 by Ord. No. 10-1-2010]
A.
General provision. Except as otherwise excepted by the provisions
of this chapter or by Wisconsin Statutes, the owner or keeper of a
dog shall have the dog immunized against rabies in accordance with
the provisions of Wis. Stats. § 95.21(2)(a), which are incorporated
by reference as if set forth here in full.
B.
Exception for medical contraindication. If a licensed veterinarian issues a written opinion that rabies immunization of a specific dog is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regimen of therapy that the dog is undergoing, then the provision of Subsection A does not apply to that specific animal for the license year applied for. An applicant must submit a new letter for each year in which the applicant seeks an exemption under this subsection.
[Amended 10-19-2010 by Ord. No. 10-1-2010]
A.
General limitation. No person or entity may keep, harbor, shelter, or possess dogs such that the number of dogs upon a single parcel exceeds three. No person or entity may keep, harbor, shelter, or possess dogs and cats such that the number of dogs and cats upon a single parcel exceeds five. Neither limitation is applicable if the person or entity holds a kennel license issued pursuant to § 158-5.
B.
Exception for litters. Notwithstanding the limitations in Subsection A, a person or entity may keep, harbor, shelter or possess a litter of puppies or kittens for not more than 16 weeks after birth without a kennel license.
C.
Exception for farm cats. Notwithstanding the limitations in Subsection A, a person or entity may keep, harbor, shelter, or possess not more than 20 cats upon a single parcel measuring at least 10 acres in land area. The intent of this exception is to allow agricultural properties to maintain a reasonable number of what are commonly referred to as "farm cats" or "barn cats."
D.
Grandfather clause. Any animal customarily kept, harbored, sheltered, or possessed within the Town on the effective date of this chapter shall be considered grandfathered and exempt from the limitations in Subsection A, until such time that the specific animal ceases to be owned by the person or entity by reason of death or transfer of ownership.
[Amended 10-19-2010 by Ord. No. 10-1-2010]
A.
Duties of dog owner.
(1)
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 the
applicable license tax and obtain a dog license.
(2)
After receiving a license tag, the owner shall securely attach the
tag to a collar and a collar with the tag attached shall be kept on
the dog for which the license is issued at all times, but this requirement
does not apply to a dog securely confined indoors, to a dog while
hunting, to a dog securely confined in a fenced area or to a dog while
actively involved in herding or controlling livestock if the dog is
under the control of its owner.
(3)
No person shall own, harbor, keep, or have possession of a dog or
canine crossbreed more than five months old if the dog does not have
a valid license. If a dog is primarily and customarily kept in another
jurisdiction, a valid, unexpired license issued by that jurisdiction
is sufficient for purposes of this section.
B.
Duties of Town Treasurer.
(1)
The Town Treasurer, or his or her designee, shall collect from each
applicant the license tax in the amount set forth by Town Board resolution
for dogs neutered, unneutered, spayed, or unspayed. Furthermore, the
Town Treasurer or his or her designee shall collect an additional
late fee if the owner:
(2)
Notwithstanding Subsection B(1), every dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax.
[Added 10-19-2010 by Ord. No. 10-1-2010[1]]
A.
Kennel license required. No person or entity may keep, harbor, shelter,
or possess dogs in a total number exceeding three unless the person
or entity holds a kennel license issued by the Town Board. No person
or entity may keep, harbor, shelter, or possess dogs and cats in a
total number exceeding five unless the person or entity holds a kennel
license issued by the Town Board.
B.
License limited to stated premises. No person or entity who holds a kennel license may exceed the animal limitations of § 158-3 at a location other than the premises set forth in a kennel license issued by the Town Board.
C.
Application. A person or entity seeking a kennel license must pay
an application fee of $100 to the Town Treasurer. The license application
shall be submitted on a form prepared by the Town Clerk, and shall,
at a minimum, include the following items:
(1)
The street address of the parcel where the proposed kennel would
be located;
(2)
The full legal name(s) of the person(s) and/or corporate entities
with ownership of the parcel;
(3)
If the owner(s) of the parcel are not expected to be the day-to-day
operators of the kennel, the full legal name(s) of the person(s) with
primary responsibility over the day-to-day operation of the proposed
kennel;
(5)
A reasonably specific description of the premises upon which animals
are to be kept;
(6)
A statement of the maximum number of dogs and the maximum number
of cats for which permission is requested. If permission is requested
for more than 12 dogs, the applicant shall pay an additional fee of
$5 for each dog in excess of 12 to cover the additional license fees
for such animals.
D.
Site inspection prior to issuance. Upon application, the owners and/or
operators of the kennel shall permit the Chief of Police access to
the proposed kennel premises. After inspection, the Chief of Police
shall report to the Town Board whether the proposed kennel premises
are suitable for a proper kennel for the number of animals requested
without negative effect to the health, welfare, and quiet enjoyment
of other Town residents. The Chief of Police may recommend that the
Town Board order further inspection by the Building Inspector or any
another agency or official prior to granting a license.
E.
Background check prior to issuance. Upon application, the Chief of
Police shall investigate the background of the owners and/or operators
of the proposed kennel. The Chief of Police shall report to the Town
Board whether any of the owners and/or operators have any law violations
of record which speak to the ability of the owners and/or operators
to provide a proper kennel without negative effect to the health,
welfare, and quiet enjoyment of other Town residents.
F.
Notice and public hearing; granting or denial of license. Upon receipt
of the recommendations of the Chief of Police, the Town Clerk shall
set the matter for a public hearing before the Town Board. In addition
to any notices required by state law, the Town Clerk shall mail notice
of the hearing to all applicants no later than 14 days prior to the
hearing. The Town Clerk shall, no later than 14 days after the Town
Board acts on the license application, notify the applicant in writing
of the decision of the Town Board. If the license is granted, the
Town Clerk may prepare a license document setting forth the name(s)
of the licensee(s), the premises for which the license is granted,
and the maximum number of dogs and cats permitted.
G.
Zoning provisions remain applicable. In addition to the licensing scheme set forth in this chapter, persons or entities seeking to operate a commercial kennel must abide by all zoning procedures set forth in Chapter 380 of the Town Code. If any provision of this section conflicts with the Zoning Code, the more restrictive provision shall control.
H.
Duties of licensees. Each licensee shall:
(1)
Operate the kennel in conformance with the standards of care set
forth in Wis. Stats. § 173.41(10)(a) through (i), which
are hereby adopted by reference as if set forth here in full. Notwithstanding
the foregoing, where the state statute uses the word "dog," the same
shall be interpreted to read "dog or cat" for the purposes of this
subsection.
(2)
Not engage in any act or omission prohibited by Chapter 951 of the
Wisconsin Statutes.
(3)
Not create, allow, or fail to remedy any nuisance to the quiet enjoyment
of other Town residents, including, but not limited to, foul or noxious
odors and/or habitual noise such as barking and howling;
(4)
Not keep, harbor, shelter, or possess more than the maximum number
of dogs or the maximum number of cats allowed by the license.
(5)
Otherwise abide by all applicable provisions of the Town Code and
Wisconsin Statutes.
I.
Duration of license, renewal. Each license shall be valid for one year. No earlier than three months prior to the expiration of a kennel license, the holder of such a license may file an application for the renewal of such a license. The renewal fee shall be $100. Upon receipt of such an application, the procedures in Subsections D and E of this section relating to site inspection and background check by the Chief of Police shall be carried out with respect to the renewal.
J.
Fee for additional inspections. If additional inspections of the
premises are ordered by the Town Board, the licensee shall pay $35
to the Town Treasurer as a fee for each such inspection. This fee
shall be paid regardless of whether the additional inspection occurs
during the license application period or after a license has been
granted.
K.
Modifications.
(1)
Minor or technical modifications or corrections to an existing license,
including but not limited to a name change due to marriage or court
order, may be made upon application to the Town Clerk and at no charge.
(4)
If a modification is requested within six months of a license's
renewal date, the application shall be treated as a renewal application.
L.
Revocation. The Town Board may, in its discretion, initiate revocation proceedings upon the Board's finding that either the licensee is not meeting one or more of the standards of care set forth in Subsection H; or the kennel is a nuisance or detriment to the health, welfare, and quiet enjoyment of town residents. If the Town Board makes such a finding, the Town Clerk shall set the matter for a public revocation hearing before the Town Board. In addition to any notices required by state law, the Town Clerk shall mail notice of the hearing to the license holder no later than 14 days prior to the hearing.
Rabies quarantines may be imposed pursuant to
the Wisconsin Statutes.
A.
Restrictions. It shall be unlawful for any person
within the Town of Trenton to own, harbor or keep any dog or animal
which:
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of
its owner unless muzzled or on a leash in charge of the owner or a
member of the owner's immediate family over 16 years of age. For purposes
of enforcing this subsection, a dog shall be deemed as being of a
vicious disposition if, within any twelve-month period, it bites two
or more persons or inflicts serious injury to one person in unprovoked
circumstances off the owner's premises. Any vicious dog which is found
off the premises of its owner or keeper other than as hereinabove
provided may be impounded or humanely disposed of.
(2)
No person shall permit to remain on his premises any
animal that is habitually inclined toward unprovoked aggressive behavior
unless securely confined to protect the public and in compliance with
any permit requirements.
C.
Animals running at large.
(1)
No person having in his possession or ownership any
animal shall allow the same to run at large within the Town. 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 allowed
to run at large may be ordered impounded by any officer in authority.
(2)
A dog 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.
(3)
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, plant, shrub, tree or garden in any manner whatsoever, or
to defecate thereon.
D.
Female dogs. Any female dog in season shall be kept
confined in a building or secure kennel enclosure, veterinary hospital
or boarding kennel during the duration of such season.
E.
Waste products accumulation (defecation). It is unlawful
in the Town of Trenton for any person to cause or permit an animal
to be on property, public or private, not owned or possessed by such
person, unless such person has in his/her possession an appropriate
device for scooping excrement and an appropriate depository for the
transmission of the excrement to a receptacle located upon property
owned or in the possession of such person. Persons who forget to carry
such receptacle shall in a reasonable amount of time be allowed to
retrieve said receptacle, return and remove the excrement. This subsection
shall not apply to a person who is visually or physically handicapped.
(Note: Reasonable time periods will vary upon circumstance.)
A.
Animal control agency. The Town of Trenton does hereby delegate any such animal control agency the authority to act as a deputized dog licensing official pursuant to the provisions of § 158-2.
B.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any law enforcement
or humane officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this Town;
assaults or attacks any person; is at large within the Town; 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 subsection
or have in his/her possession a signed statement of a complaining
witness made under oath alleging the facts regarding the violation.
C.
Town not liable for impounding animals. The Town and/or
an animal impoundment facility shall not be liable for the death of
any animal which has been impounded or disposed of pursuant to this
section.
No dog 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 other animal who knows that such dog or other animal has bitten
any person may be reported to the Town Chief of Police and shall keep
such dog or other animal confined for not less than 10 days or for
such period of time as the Town Chief of Police shall direct. The
owner or keeper of any such dog or other animal shall surrender the
dog or other animal to a law enforcement or humane officer upon demand
for examination.
A.
No person owning or responsible for confining or impounding
any animal may refuse or neglect to supply the animal with a sufficient
supply of food and water as prescribed in this section.
B.
The food shall be sufficient to maintain all animals
in good health.
C.
If potable water is not accessible to the animals
at all times, it shall be provided daily and in sufficient quantity
for the health of the animal.
A.
Proper shelter. No person owning or responsible for
confining or impounding any animal may fail to provide the animal
with proper shelter as prescribed in this section. In the case of
farm animals, nothing in this section shall be construed as imposing
shelter requirements or standards more stringent than normally accepted
husbandry practices in the particular county where the animal or shelter
is located.
B.
Indoor standards. Minimum indoor standards of shelter
shall include:
C.
Outdoor standards. Minimum outdoor standards of shelter
shall include:
(1)
Shelter from sunlight. When sunlight is likely to
cause heat exhaustion of an animal tied or caged outside, sufficient
shade by natural or artificial means shall be provided to protect
the animal from direct sunlight. As used in this subsection, "caged"
does not include farm fencing used to confine farm animals.
(2)
Shelter from inclement weather.
(a)
Animals generally. Natural or artificial shelter
appropriate to the local climatic conditions for the species concerned
shall be provided as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended
outdoors under weather conditions which adversely affect the health
of the dog, a shelter of suitable size to accommodate the dog shall
be provided.
D.
Space standards. Minimum space requirements for both
indoor and outdoor enclosures shall include:
(1)
Structural strength. The housing facilities shall
be structurally sound and maintained in good repair to protect the
animals from injury and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed
and maintained so as to provide sufficient space to allow each animal
adequate freedom of movement. Inadequate space may be indicated by
evidence of debility, stress or abnormal behavior patterns.
E.
Sanitation standards. Minimum standards of sanitation
for both indoor and outdoor enclosures shall include periodic cleaning
to remove excreta and other waste materials, dirt and trash so as
to minimize health hazards.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer may remove, shelter and
care for an animal found to be cruelly exposed to the weather, starved
or denied adequate water, neglected, abandoned or otherwise treated
in a cruel manner and may deliver such animal to another person to
be sheltered, cared for and given medical attention, if necessary.
In all cases the owner, if known, shall be immediately notified and
such officer, or other person, having possession of the animal shall
have a lien thereon for its care, keeping and medical attention and
the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with
reasonable effort, be ascertained or does not, within five days after
notice, redeem the animal by paying the expenses incurred, it may
be treated as a stray and dealt with as such.
(4)
Whenever in the opinion of any such officer an animal
is hopelessly injured or diseased so as to be beyond the probability
of recovery, it shall be lawful for such officer to kill such animal,
and the owner thereof shall not recover damages for the killing of
such animal unless he shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of cruelty complaints,
and § 173.24, Reimbursement of expenses, 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
of a violation of this subsection, the procedures in Ch. 951, Wis.
Stats., shall be applicable.
A.
Acts of cruelty prohibited. No person except a police
officer or health or humane officer in the pursuit of his duties shall,
within the Town, 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 Town 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 listed in § 961.14, Wis.
Stats., whether mixed with meat or other food or not, where it is
reasonable to anticipate the substance may be eaten by such animal
or for the purpose of harming the animal. This subsection shall not
apply to poison used on one's own premises and designed for the purpose
of rodent and pest extermination, nor to the use of a controlled substance
used in accepted veterinarian practice or in research by persons or
organizations regularly engaged in such research.
D.
Use of certain devices prohibited. No person may directly
or indirectly, or by aiding, abetting or permitting the doing thereof,
either put, place, fasten, use or fix upon or to any animal used or
readied for use for a work purpose or for use in an exhibition, competition,
rodeo, circus or other performance any of the following devices: a
bristle bur, tack bur or like device, or a poling device used to train
a horse to jump which is charged with electricity or to which have
been affixed nails, tacks or other sharp points.
E.
Shooting at caged or staked animals. No person may
instigate, promote, aid or abet as a principal, agent, employee, participant
or spectator, or participate in the earnings from or intentionally
maintain or allow any place to be used for, the shooting, killing
or wounding with a firearm or any deadly weapon of any animal that
is tied, staked out, caged or otherwise intentionally confined in
a man-made enclosure, regardless of size.
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 Town
of Trenton 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)
Exceptions. The provisions of this Subsection A shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, or 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.
B.
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 Town of Trenton 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 Town any of the following
animals, reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or
more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Wild pigs and boars.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor), also known as cougars,
mountain lions and panthers.
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
C.
Exceptions; animal permit.
(1)
The prohibitions of Subsection B above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; a temporary display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; or licensed pet shops.
(2)
Any person not excepted by Subsection C(1) shall apply for and obtain an annual animal permit from the Town Board in order to own or harbor a mammal or reptile listed in Subsection B. Such permit shall expire on June 1 of each year. This subsection shall not be interpreted to permit the existence of any such mammal, reptile or other animal in contravention of Town zoning regulations. Such animal permit shall be acted on by the Town Board within 30 days of the filing of the application.
(a)
No animal permit shall be issued by the Town
Board unless it is satisfied that provisions for housing, proper confinement,
care and feeding can be provided for the health and well-being of
the mammal, reptile or other animal, that acceptable precautions to
minimize the escape of such mammal, reptile or other animal will be
taken, and that the keeping of such animal or reptile does not pose
an unacceptable threat to public safety. The Town Chief of Police
or other law enforcement officer may at any time necessary inspect
the licensed premises.
(b)
The owner or person responsible for such mammal,
reptile or other animal shall report immediately to Town or county
law enforcement officials should the mammal, reptile or other animal
escape from confinement.
(c)
In the event of any reasonable likelihood that
it would be difficult or impossible to capture such mammal, reptile
or other animal regulated by an animal permit this will warrant its
immediate destruction by the owner or any other person in a humane
manner to protect the public.
[Amended 2-6-2007 by Ord. No. 2-1-2007]
A.
Any person violating any provision of this chapter except § 158-6 shall be subject to a forfeiture as provided in Chapter 1, § 1-5 of this Code. This subsection shall also permit the Town Attorney to apply to a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
An owner who refuses to comply with an order issued under § 158-6 to deliver an animal to an animal control or law enforcement officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.