| |
Animal Control |
|
|
| The following are animal ordinances: |
3.2 - ORDINANCE ON ABATEMENT OF BARKING DOGS
3.201DEFINITIONS
1."Owner" shall mean any person owning, harboring or keeping a dog and the occupant of any premises on which a dog remains or to which it customarily returns daily for a period of ten days, is presumed to be harboring or keeping the dog within the meaning of this section.
2.Dog shall mean any canine, regardless of age or sex.
3.202RESTRICTION ON KEEPING DOGS
1.It shall be unlawful for any person in the Village of Hobart to own, harbor or keep any dog which habitually barks or howls to the annoyance of any person or person.
3.203ENFORCEMENT OF ORDINANCE
1.Upon receiving a complaint from a person or persons of a barking dog, the police department shall serve a written notice on the owner of said dog, where the written notice shall indicate:
A.Time and place of disturbance created by the dog.
B.Description of dog.
C.Action to be taken by the Village upon further complaint.
2.Upon receiving a second complaint from a person or persons of the dog described in the written notice of 3.203(1), the ordinance, the police department shall impound the dog for a period of time in accordance with Section 174.10(2), Wis. Stats., and the police department shall serve written notice on the owner within forty-eight (48) hours of impounding.
3.The owner may recover the dog within the period of time described in Section 174.10(2), Wis. Stats., as established by the Village Board. If the owner shall not recover the dog in the period described in Section 174.10(2), Wis. Stats., the dog shall be disposed of according to means in Section 174.10(2), Wis. Stats.
3.204PENALTIES
Any owner who shall keep or harbor a barking dog after receiving the second written notice as described in Section 3.203(2) of this ordinance shall be subject to a forfeiture of not less than $5.00 and not more than $500.00 together with the actual costs of prosecution, including attorneys fees. Each day of continuing violation shall constitute a separate offense.
3.5 – PROHIBITED AND PROTECTED ANIMALS, FOWLS, REPTILES, AND INSECTS
3.501Wild and Exotic Animals Prohibited
A.No person shall keep, maintain, or have in such persons possession or under such persons control any poisonous reptile, dangerous or wild animal or insect including, but not limited to, poisonous insects and arachnids, all poisonous snakes, constrictor snakes, non-human primates, bears, crocodiles, alligators, coyotes, elephants, gamecocks, and other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynx, pumas, cougars, mountain lions, panthers, ocelots, tigers or other wild feline species, wolves or hybrid wolf/dogs.
B.Exceptions - These prohibitions do not include captive-bred species of caged birds, rodents, turtles, fish, and non-poisonous, non-constructing snakes unless protected under Section 3.503 Endangered Species.
C.Prohibitions – The prohibitions set forth in sub (A) shall not apply to licensed pet shops, zoological gardens, public or private educational institutions, circuses and professional animal acts; provided that:
1.The aforementioned have obtained the necessary licenses, permits, and permissions required.
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.
3.502Poultry and Livestock Prohibited
A.Except as specifically permitted in a zoning district, no person shall keep or maintain any poultry, pigeons or fowl, or any animal raised for fur-bearing purposes, or any livestock, including, but not limited to, horses, cattle, sheep, goats, pigs or swine, whether or not such animal is domesticated, tamed, or a pet.
B.Any person keeping or maintaining such poultry, pigeons, fowl, animal or livestock contrary to this subsection as of August 5, 2003, may continue to keep or maintain such a nonconforming use upon receipt of a permit from the Village Clerk in accordance with rules established by resolution of the Village Board as long as a public nuisance is not created.
C.Exceptions – The exceptions to this section shall apply as in 3.501.
D.Prohibitions – The prohibitions of this section shall apply as in 3.501.
3.503Endangered Species Protected and Prohibited
A.It shall be unlawful for any person or other entity 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).
3.504Food and Drink
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. State law reference: §948.13, Wis. Stats.
3.505Shelter
A.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.
B.Minimum indoor standards of shelter shall include ambient temperature compatible with the health of the animal and shall be adequately ventilated by natural or mechanical means to provide for the health of the animal.
C.Minimum outdoor standards of shelter shall include shelter from sunlight when such is likely to cause heat exhaustion or other ill effects. Natural or artificial shelter appropriate to the local climatic conditions for the species shall be provided as necessary for the health of the animal.
D.Minimum indoor and outdoor standards for enclosures shall be constructed and maintained so as to provide sufficient space to allow adequate freedom of movement for the health of the animal.
E.Minimum sanitation standards for both indoor and outdoor enclosures shall include daily cleaning to remove excreta and other waste materials, dirt, and trash so as to minimize health hazards.
F.No person may intentionally abandon any animal.
3.506Enforcement
A.The penalty for violation of any provision of this ordinance, Section 3.5 of the Village of Hobart Code of Ordinances, shall be a forfeiture in an amount set from time to time by resolution of the Village Board, together with the actual cost of prosecution, including attorneys fees. Each day of continuing violation shall constitute a separate offense.
3.808ANIMALS AND FOWL
A.VICIOUS ANIMALS PROHIBITED
1.No person shall harbor or keep a vicious animal within the Village. An animal is deemed to be vicious when is has attacked or bitten any person or when a propensity to attack or bite persons exists and is known or reasonably should be known to the owner. Any vicious 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 animal, may be destroyed.
2.Notwithstanding par. 1 above, a police officer may kill or tranquilize a vicious animal if he determines that it is necessary to take such action to prevent real and immediate personal injury to any person, including himself.
B.NOT TO RUN AT LARGE - No person owning, harboring or keeping any animal or fowl shall allow the same to run at large within the Village.
C.EXCEPTION ALLOWING THE KEEPING OF CERTAIN SPECIES OF PIGEONS
1.The definition of fowl shall include pigeons. However, the species known as homing, carrier or racing pigeons shall be exempt from the confinement regulations to the extent that such birds may be permitted to fly for training purposes and races. The harboring of pigeons other than in an approved pen or coop is declared a public nuisance.
2.No person shall operate or maintain a pen, coop, cote or other structure for the purpose of keeping or raising of pigeons without obtaining a permit therefore. The permit shall be obtained annually and shall expire on December 31 of each year. Such permit shall be issued by the Village Clerk upon payment of the annual fee of $5 and certification by a representative of the Police Department that the structure housing the pigeons conforms to all local codes and regulations. Failure to comply with any local codes or regulations within 10 days after notice by a representative of the Police Department shall result in revocation of the permit by the Village Board.
3.All coops and pens shall be constructed so as to be easily cleaned and kept in good repair. The inside and outside of such structures shall be whitewashed or painted as often as necessary to keep them clean or finished with such material as can be easily cleaned. All such structures shall be kept clean and sanitary and shall not cause any objectionable odor. Accumulations of cleanings or excrement of more than one day's operation in any such structure shall be deemed a violation of this section.
D.KEEPING OF LIVESTOCK AND POULTRY REGULATED
1.Livestock - No person shall keep or maintain any livestock such as horses, cattle, sheep or goats in any zoning district, except as a permitted or conditional use.
2.Poultry - No person shall keep or maintain poultry or fowl in any zoning district, except agricultural districts. |
|
