The city has created this division to create consistent and coherent standards and rules related to animals and animal-related uses, structures and businesses. The city has a long and proud agricultural tradition and has allowed certain livestock and other animal-related uses outside of non-agricultural zoning districts. In spreading the provisions for such uses throughout zoning districts, some inconsistencies arose. Similarly, by separating pet ordinances from other animal ordinances, the code developed some ambiguities and inconsistencies. By putting these ordinances in one place in this division, the common council hopes to avoid those ambiguities and inconsistencies in the future. Therefore, to achieve consistency, and to simplify the regulation of animals, the common council has decided to regulate all animal and animal-related uses, structures and businesses in this division.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

As used in this division, the following terms and phrases have the following meanings:

At large has the meaning given to it in section 58-521.

Bees means the common honey bee (Apis mellifera), regardless of stage.

Bovine animal means a domestic member of the genus Bos (cow) or an American bison, in either case regardless of age or sex.

Cat means a domestic member of Felis Domesticus, regardless of age or sex.

Dairy means a business establishment for the processing and sale of dairy products.

Dog includes a domestic member of the Canis Familiaris, regardless of age or sex.

Domestic animal includes livestock, poultry, fur-bearing animals and pets.

Equine animal means a horse, mule, donkey or ass.

Fur-bearing animal means an animal primarily raised for its hide, examples of which include a fox, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul, and excludes livestock such as sheep and goats which may be shaved for their fur and livestock such as bovine animals and equestrian animals that produce hides only as a by-product.

Hospital, animal means an establishment providing for medical care and treatment of animals, as distinguished from a kennel in that no outdoor runs shall be permitted for boarded animals and all indoor runs shall be sound proof.

Kennel means a lot, building, structure, enclosure, or premise on or in which (a) four or more dogs or cats are maintained, boarded, bred, kept, or cared for in return for remuneration, or are kept for sale, or are groomed, trained, or handled for others; or (b) on or in which five or more dogs over five months of age are kept for any other purpose.

Livestock means bovine animals, equine animals, sheep, goats, swine (other than wild hogs), farm-raised deer, farm-raised game birds, camelids and ratites, but specifically excludes poultry, fur-bearing animals, pets, wild animals and fish kept for commercial purposes.

Miscellaneous approved pet means an animal domesticated to live in a tame condition for human companionship or pleasure that is approved and subject to the conditions described in this chapter. A domestic animal categorized as livestock over 225 pounds may not be a miscellaneous approved pet. Cats, dogs, pet birds, pet fish, silkie chickens and small inside pets may not be miscellaneous approved pets. No animal listed in the definition of wild animal may be a miscellaneous approved pet despite any claim of domestication.

Officer includes any constable, sheriff, deputy sheriff, special police officer, health officer, deputy health officer, city sanitarian, and the animal control provider described in section 58-520.

Owner includes any person, firm or corporation that owns, harbors, or keeps a domestic animal. The occupant of any premises on which a domestic animal remains or to which it customarily returns daily for a period of ten days is presumed to be harboring or keeping the domestic animal.

Pet means a cat, dog, pet bird, pet fish, silkie chicken, small inside pet or miscellaneous approved pet.

Pet fish means freshwater and saltwater fish and snails, crabs and other aquatic animals typically found in home aquariums and sold legally in the State of Wisconsin.

Poultry means chickens, ducks, geese and turkeys.

Producing animals means domestic animals other than pets, including livestock, poultry and other animals listed on Table 58-517(a).

Residentially zoned property means a property in the R-1 through R-6 districts unless the property has an OA overlay.

Riding academy means a riding stable at which riding instruction is given.

Riding stable means any structure or land or any combination of either used, designed or arranged for the maintenance or rental of equine animals either with or without a bridle path or riding area but exclusive of equine animals used primarily for agricultural purposes.

Silkie chicken means the silkie breed of bantam-sized chicken, characterized by down-like feathers, crested head feathers, blue/black skin and wattles, black eyes, a walnut comb, and feathers and five toes on each foot.

Small inside pet means a domestic animal pet that is kept in the home or garage in a cage, aquarium, habitat or crate and that is legally sold in Wisconsin pet stores. Examples include gerbils, mice, rats, hamsters, guinea pigs, hedgehogs, rabbits, ferrets, non-poisonous snakes and lizards, turtles other than snapping turtles, tortoises, frogs, toads, salamanders, newts, nonpoisonous arachnids, crickets, stick bugs, mantis, African giant millipedes, hermit and other land crabs, and ants in an ant farm. Wild animals are not small inside pets.

Vicious animal has the meaning given to it in section 58-524.

Wild animal has the meaning given to it in Wis. Stats. § 169.01, and shall include any dangerous, carnivorous or poisonous organism, including but not limited to:

(a)

Apes: Chimpanzees (Pan); gibbons (Hylobate); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).

(b)

Baboons (Papoi Mandrillus).

(c)

Bears (Ursidae).

(d)

Cheetahs (Acinonyx jubatus).

(e)

Crocodilians (Crocodilia), 30 inches in length or more.

(f)

Constrictor snakes, six feet in length or more.

(g)

Gamecocks and other fighting birds.

(h)

Hyenas (Hyaenidae).

(i)

Jaguars (Panthera onca).

(j)

Leopards (Panthera pardus).

(k)

Lions (Panthera leo).

(l)

Lynxes (Lynx).

(m)

Monkeys, old world (Cercopithecidae).

(n)

Pumas (Felis concolor); also known as cougars, mountain lions and panthers.

(o)

Serval cats (Leptailurus Serval).

(p)

Snapping turtles.

(q)

Snow leopards (Panthera uncia).

(r)

Tigers (Panthera tigris).

(s)

Venomous Snakes

(t)

Wasps and hornets.

(u)

Wild pigs.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

_____

(a)

Producing animals. No person shall own, harbor or keep any producing animals except as set forth on Table 58-517(a). Producing animals may not be kept in any zoning district except as specified on Table 58-517(a). Each zoning district in which producing animals may be kept is set forth on Table 58-517(a), together with, for each category, whether the keeping of such producing animals is a permitted or conditional use, the minimum parcel size on which such category may be kept, the number of producing animals of a category that may be kept on a parcel, any required permit or license and an indication of any specific requirements set forth below for that category. Notwithstanding the foregoing, producing animals of the following types may be kept at legal non-conforming residential properties in other zoning districts provided they would be otherwise allowed if the property were a residentially zoned property of a similar size and all other conditions for such producing animals are satisfied.

Table 58-517(a)

(b)

Pets. No person shall own, harbor or keep any pet except as set forth on Table 58-517(b). Each zoning district in which a pet may be kept is set forth on Table 58-517(b), together with, for each category, whether the keeping of such pets is a permitted or conditional use, the number of pets of a category that may be kept on a parcel, any required permit or license and an indication of any specific requirements set forth below for that category. Notwithstanding the foregoing, pets of the following types may be kept at legal non-conforming residential properties in other zoning districts provided they would be otherwise allowed if the property were a residentially zoned property of a similar size and all other conditions for such pets are satisfied.

Table [58-517](b)

(c)

Other animal-related uses, structures and businesses. No person shall maintain any animal-related use, structure or business except as set forth on Table 58-517(c) or unless otherwise specifically provided for in this division. Each zoning district in which an animal-related use, structure or business may be maintained is set forth on Table 58-517(c), together with, for each category, whether such use is permitted or conditional, the minimum parcel size on which such use may be maintained, any required permit or license and an indication of any specific requirements set forth below for that category. Notwithstanding the foregoing, structures marked below with an (*) may be kept at legal non-conforming residential properties in other zoning districts provided they would be otherwise allowed if the property were a residentially zoned property of a similar size and all other conditions for such structures are satisfied.

Table 58-517(c)

(d)

Tables 58-517(a) and 58-517(b) set forth the maximum number of animals that may be kept on a property. If an animal allowed on a property gives birth, the newborns shall not be counted against the total allowed animals until the following ages:

Equine animals and camelids — 7 months

Swine — 4 months

All other livestock — 3 months

Poultry — 3 months

Dogs and cats — 5 months

(e)

Any animal or animal-related use, structure or business not listed in Tables 58-517(a), 58-517(b) or 58-517(c) as either permitted or conditional for a district shall be prohibited. Without limiting the generality of the foregoing, wild animals are prohibited in the city except as described in section 58-523.

(f)

If the minimum lot size for a zoning district is greater than a minimum lot size specified in Tables 58-517(a), 58-517(b) or 58-517(c), such greater lot size shall control.

(Ord. No. 2019-1543, Exh. A, 4-9-2019; Ord. No. 2019-1551, § I(Exh. A), 9-10-2019; Ord. No. 2021-1594, § I(Exh. A), 8-10-2021; Ord. No. 2021-1609, § I(Exh. B), 12-14-2021; Ord. No. 2022-1629, § I(Exh. B), 11-9-2022)

In addition to the specific requirements of this division, all animals and animal-related uses, structures and businesses shall comply with all relevant federal and state laws.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

All stables, barns, pens poultry houses, coops, riding arenas, hives, other similar structures for keeping domestic animals and yards in which domestic animals are kept or permitted to be kept within the city shall be maintained in good repair and in a clean and sanitary condition, devoid of insect infestations and rodents and other vermin and free from odor nuisances. The exterior of all such structures shall be whitewashed or painted periodically to maintain them in a clean and sanitary condition. All domestic animals kept by any person shall be provided adequate food and water. All domestic animals shall be kept in compliance with applicable federal and state law.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Contract. The city may contract for animal control services with a person or corporation. The animal control provider shall be responsible for the performance of animal control services within the city. The common council may provide, pursuant to such contract, that the animal control provider shall furnish a surety bond issued by a surety company acceptable to the common council, in a sum specified in such contract, to guaranty the faithful performance of the animal control provider's contractual duties and proper accounting for all monies coming into the animal control provider's hands pursuant to those duties.

(b)

Services and compensation. The animal control provider shall impound, keep, care for or destroy animals delivered to the animal control provider under the provisions of this chapter and Wis. Stats. Ch. 174 (as limited by the animal control provider's contract). The animal control provider shall be entitled to the charges and fees established in the animal control provider's contract or, if not established in such a contract, as otherwise fixed by the common council.

(c)

Response of animal control provider. The animal control provider will respond to locations where animals are confined by the property owner. The animal control provider will not respond to locations where the animal is running at large if, in the animal control provider's opinion, the animal control provider will be unable to capture the animal.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Definition of at large.

(1)

"At large" shall mean any animal off the premises of its owner or upon the public streets, alleys, public grounds, school grounds, or parks within the city except as provided in subsection (2).

(2)

A non-vicious animal will not be deemed to be at large if:

a.

It is attached to a leash of sufficient strength to restrain the animal and not more than 20 feet in length where such leash is held by a person competent to govern the animal;

b.

When the animal is properly restrained within a motor vehicle, provided that such vehicle is properly ventilated for the animal's safety; or

c.

When not more than 50 feet from its owner or the agent of such owner in charge of such animal, and competent to govern such animal, at such distance, if the animal is not annoying or worrying pedestrians or trespassing on private property or public areas where such animals are forbidden. The owner shall have a leash available at all times and shall be required to leash such animal if requested by a pedestrian.

(b)

Prohibition. No person shall permit any domestic animal to be at large.

(c)

Release of domestic animal. Unless directed by the owner, no person shall open any door, gate or exit of any private property to set any domestic animal loose or otherwise to entice or enable animals to leave private property.

(d)

Tied-out domestic animals. If any person secures a domestic animal or permits a domestic animal to be secured by any tie-out, rope, leash or chain on that person's property or the property of another, such person shall ensure that the tie-out, rope, leash or chain is of such length as to prevent the domestic animal from roaming beyond the property limits of the property on which the domestic animal is secured.

(Ord. No. 2019-1543, Exh. A, 4-9-2019; Ord. No. 2019-1551, § II(Exh. B), 9-10-2019)

The owner of any domestic animal shall be responsible for properly and legally disposing of the domestic animal after its death. In the case of a dead domestic animal with unknown owners, an officer shall arrange for disposition. When an animal is euthanized after injuring a human by biting or scratching, it shall be surrendered to an officer and. if a necropsy is warranted, the animal shall be preserved up to seven days until the examination is conducted.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Prohibition on keeping. No person shall keep, maintain, possess or control any wild animal within the city.

(b)

Exceptions to prohibition on keeping.

(1)

The prohibitions of this section shall not apply to a wild animal which has been in the care, custody and control of an owner-keeper within the city prior to the effective date of the ordinance from which this section is derived, provided:

a.

The owner-keeper has complied with all applicable state and federal importation regulations, and permit requirements, and possesses any required veterinary health certificate;

b.

Within 90 days of the effective date of the ordinance from which this section is derived, the owner-keeper of the wild animal informed, no more than 90 days after the effective date of the ordinance from which this section is derived, the city in writing with specificity of the type and location of such animal;

c.

The wild animal and the wild animal's quarters are kept in a secure enclosure that satisfies the requirements of section 58-519; and

d.

The wild animal is securely held in, and is not permitted or suffered to escape, the custody and control of the owner-keeper, or to otherwise run at large.

If the requirements of subsections a. through d. are not satisfied as and when required, the exception provided in this subsection shall be lost.

(2)

The prohibitions of this section shall not apply if a wild animal is in the care, custody and control of a veterinarian for treatment, a public or private educational institution or, on a temporary basis, an agricultural fair, a 4-H Club for a show or project, an itinerant or transient carnival, circus or other show, the operator of a dog or cat show or trial, a public or private educational institution, a licensed pet shop or a zoological garden, if:

a.

The location conforms to the provisions of the city's zoning ordinances.

b.

The animal is kept in a clean and sanitary condition.

c.

The animal's quarters are kept in secure enclosure that satisfies the requirements of section 58-519.

d.

The animal is maintained in quarters constructed to prevent the animal's escape.

e.

No person lives or resides within 100 feet of the quarters in which the animal is kept.

f.

No food establishment is located within 100 feet of the quarters in which the animal is kept.

g.

Such care, custody and control comply with the laws of the State of Wisconsin.

(c)

Health nuisances. The building inspector or sanitarian may prohibit the keeping of any wild animal in any place, location or manner which, in his or her judgment, would constitute a health nuisance or be in violation of this section.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Vicious animal defined.

(1)

Except as provided in subsection (2), a domestic animal may be declared vicious if

a.

The domestic animal bites, claws, or attempts to bite or claw any person or bites or injures another animal; or

b.

The domestic animal approaches any person in an apparent attitude of attack, whether the attack is consummated or capable of being consummated; or

c.

The domestic animal has a known propensity to attack or bite people or other domestic animals, or such propensity reasonably should be known, to the owner or to any member of the owner's immediate family who resides with the owner.

d.

The domestic animal has at any time been declared dangerous or vicious by any agency or department of another municipality, county, or state.

(2)

Exceptions.

a.

Dogs utilized by law enforcement officers in the performance of their duties shall not be deemed vicious.

b.

A domestic animal shall not be deemed vicious for engaging in actions described in subsection (1) under any of the following circumstances:

(i)

The domestic animal was defending its owner, caretaker or another person from an attack by a person or animal.

(ii)

The domestic animal was protecting itself, its young or another animal.

(iii)

The domestic animal was defending itself against any person who was provoking, tormenting, assaulting or abusing it or who was engaging in conduct reasonably calculated to provoke the domestic animal to attack, bite, or injure.

(iv)

The domestic animal was defending itself against any other domestic animal that was provoking, tormenting, assaulting or abusing it or that was engaging in conduct reasonably calculated to provoke the domestic animal to attack, bite, or injure.

(v)

The domestic animal was defending its owner's or caretaker's property against trespassers.

(vi)

The person or animal injured, threatened or approached by the domestic animal was unlawfully entering a fenced or enclosed portion of the premises upon which the domestic animal was lawfully kept or upon a portion of the premises where the domestic animal was lawfully chained.

(vii)

The person injured, threatened or approached by the domestic animal was unlawfully entering or upon a vehicle in which the domestic animal was confined.

(viii)

The person injured, threatened or approached by the domestic animal was attempting to stop a fight between that domestic animal and any other animal.

(ix)

The person injured, threatened or approached by the domestic animal was attempting to aid the domestic animal while the domestic animal was injured or experiencing serious illness.

c.

For the purposes of this section, a person is lawfully upon the premises of a guardian or keeper when such person is on the premises in the performance of any duty imposed by law or by the express or implied invitation of the owner of the premises or the owner's agent.

(b)

Prohibition on keeping vicious animals. No person shall own or keep a vicious animal.

(c)

Removal or destruction of vicious animals.

(1)

Any vicious animal which is found off the premises of its owner may be seized by any officer and, upon establishing to the satisfaction of the court of the vicious character of such animal by testimony under oath, may be killed by the police authorities.

(2)

The owner or caretaker of a vicious animal shall destroy or otherwise remove the vicious animal from the city within 48 hours of service of written notice to do so. If the owner refuses to accept such notice, the police department may attach the written notice to the front door of the owner's residence and such notice shall be deemed served upon posting on the door. In addition to any other remedy or penalty, should the owner fail to timely remove the vicious animal as required under this subsection, the vicious animal may be subject to destruction as provided in subsection (3).

(3)

In addition to any other penalty or remedy, upon reasonable suspicion that a vicious animal is being kept in the city in violation this subsection, the city may file an action in the circuit court seeking an order authorizing the destruction of the vicious animal. Upon establishing the vicious character of the animal, the court may enter an order authorizing the city to kill the vicious animal.

(4)

An officer may in the exercise of his or her reasonable discretion take any immediate action reasonably necessary to protect life or property.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

A person who suspects that a domestic animal is infected with rabies or has been exposed to rabies infection shall notify an officer who shall take appropriate action as required under Wis. Stats. § 95.21(4).

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Generally. An officer shall attempt to apprehend any dog running at large or in violation of this section within the city and may impound any cat or other domestic animal running at large or in violation of this section within the city. The officer shall confine any such animal in a suitable place. The owner of an impounded animal may reclaim the animal or, if the impounded animal is unclaimed for a period of seven days, any person may adopt the impounded animal. In either instance, the person claiming the impounded animal must first pay a fee established by common council resolution. The fee payable by an animal owner shall be doubled for any animal impounded a second time within any 60-day period.

(b)

Release of Impounded Animal.

(1)

A pound operator may release an impounded animal to its owner or a representative of the owner if:

a.

The owner or representative gives his or her name and address;

b.

If the impounded animal is a dog or cat, the owner shows proof of rabies inoculation or presents a receipt from a licensed veterinarian for prepayment of a rabies inoculation;

c.

If the impounded animal is a dog, and the dog is unlicensed, the owner shows a receipt for a license; and

d.

The owner or representative pays the boarding and impoundment fee for the impounded animal.

(2)

A pound operator may release an impounded animal to a person other than its owner only if:

a.

The owner is unknown or does not claim the impounded animal within seven days after the impounded animal is delivered to the pound;

b.

The person to whom the impounded animal is released gives his or her name and address;

c.

If the impounded animal is a dog or a cat, the person to whom the impounded animal is released presents a receipt from a licensed veterinarian for prepayment of a rabies inoculation, unless evidence is presented that the impounded animal has been rabies vaccinated;

d.

If the impounded animal is a dog, the person to whom the dog is released agrees to license the dog unless evidence is presented that the dog is licensed; and

e.

The person to whom the impounded animal is released pays the boarding and impoundment fee for the impounded animal.

(c)

Unclaimed Impounded Animals. If the owner is not found within seven days after impoundment, or ten days after impoundment if the impounded animal bit a person, the impounded animal may be destroyed in a humane manner.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Reporting animals that bite. 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.

(b)

Generally. Whenever a dog or cat bites a person, the owner shall provide to a police officer proof of current immunization against rabies. If such proof is provided, the police officer shall order the animal quarantined on the owner's premises for a period for ten days, during which time the animal shall be kept securely confined, tied, leashed or muzzled and examined three times by a veterinarian. The examination shall be on the first day, on the tenth day and on one intervening day. The examination fees and all costs shall be paid by the owner of such animal. During the home quarantine period, if the animal is found to be improperly quarantined or at large, an officer shall place the animal in a veterinary clinic for the balance of the ten-day period, during which time the animal shall be examined as described above, and the officer may issue a citation.

(c)

Lack of proof of rabies immunization. If proof of rabies immunization cannot be provided by the owner, a police officer shall immediately quarantine the animal in a licensed veterinary clinic for a period of ten days. All costs will be paid by the owner to the clinic before release of the animal.

(d)

Return of certification. An owner of a quarantined animals shall return to the police department the "certification of quarantine" that was left with them by an officer within 15 days of the date of the bite.

(e)

Unknown owners. Whenever a dog or cat with an unknown owner bites a person, a police officer shall quarantine the animal at a licensed veterinary animal clinic and the animal shall be isolated at the clinic for a period of ten days, during which time the animal shall be examined as required by Wis. Stat. § 95.21(5)(b). All boarding and examination fees shall be paid by the owner, if located.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

The pound operator shall keep a record of each impounded animal, giving a description of the impounded animal, the date of impoundment and its disposition. If the impounded animal is released, the record shall include the name and address of the person to whom the animal was released, the date of delivery, and a listing of all fees paid.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

No person shall cause or permit a domestic animal owned by, or under the control of, such person to defecate on the property, public or private, not owned or possessed by such person, if such person does not immediately thereafter remove and clean up the animal waste and dispose of it in a manner approved by state and local regulations.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Bees.

(1)

Colonies of bees shall be kept in hives with removable frames. No hive shall exceed five feet in height and 20 cubic feet in size.

(2)

Hives on a residentially zoned property shall be located in the rear yard closer to the principle dwelling on the subject parcel than the neighboring lot lines.

(3)

All hives shall comply with all applicable setbacks and offsets. The front of any hive shall face away from the property line of the residential lot closest to the hive. If any required setback or offset is less than 25 feet, and if a hive is kept less than 25 feet from a property line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination of the foregoing (in every instance in compliance with other requirements) such that bees will fly over rather than through the material to reach the hive. If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation normally reaches six feet in height or higher. The flyway barrier must continue parallel to the lot line for ten feet in either direction from the hive, or contain the hive or hives in an enclosure at least six feet in height.

(4)

Each beekeeper shall ensure that a convenient source of water is available to the colony prior to and so long as colonies remain active outside of the hive.

(5)

No wax comb or other material that might encourage robbing by other bees shall be left on the grounds of the property. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect-proof container.

(6)

Each beekeeper shall maintain his or her beekeeping equipment in good condition, including keeping the hives painted, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms.

(7)

In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly "re-queen" the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.

(8)

Except in the Mequon Nature Preserve, bee hives shall not be kept in the P-1 district except upon approval of the Park and Open Space Board.

(b)

Chickens on residentially zoned properties.

(1)

Roosters are prohibited.

(2)

All chickens on residentially zoned properties must always be kept in a secure enclosure that satisfies the requirements of section 58-519.

(3)

All enclosures shall be set back at least 50 feet from any property line. Any enclosure may be permitted closer than 50 feet from an adjoining lot line, other than a street line, with the written consent of the adjoining property owner. Such enclosure shall not project forward of the building setback line. All enclosures shall be located in the rear yard closer to the principle dwelling on the subject parcel than the neighboring lot lines.

(4)

Enclosures shall not exceed 40 square feet and six feet in height.

(5)

Food supplies shall be stored in rodent-proof containers, and food and water containers shall be kept clean.

(6)

Feces shall be removed from yards and enclosures daily and stored in tightly covered metal containers that are setback at least 50 feet from the property line.

(7)

Yards, enclosures, premises and animals shall be kept free of insect infestations, rodents and other vermin.

(8)

No odor or noise nuisance shall be permitted.

(9)

The owner shall, as a condition of keeping such poultry, obtain and maintain a permit as described in section 58-533.

(10)

No initial permit shall be issued unless the applicable homeowners association, if any, provides written consent to the owner keeping chickens in accordance with the foregoing standards. No such association consent shall be a condition of any subsequent annual permit.

(c)

Producing animals other than chickens on residentially zoned properties.

(1)

All livestock on residentially zoned properties must always be kept in a secure enclosure that satisfies the requirements of section 58-519.

(2)

Buildings in which livestock and fur-bearing animals are housed shall satisfy the requirements of sections 58-519 and 58-532.

(3)

Food supplies shall be stored in rodent-proof containers, and food and water containers shall be kept clean.

(4)

Feces shall be removed from yards and enclosures daily and stored in tightly covered metal containers that are setback at least 50 feet from the property line.

(5)

Yards, enclosures, premises and animals shall be kept free of insect infestations, rodents and other vermin.

(6)

No odor or noise nuisance shall be permitted.

(7)

No livestock or fur-bearing animals shall be killed or butchered in plain view from the street or adjoining residentially zoned properties except in the case of a veterinary emergency.

(8)

No more than four swine over four months of age may be kept per ten acres of land.

(d)

Raptors.

(1)

Raptors must be licensed to the extent required by state law.

(2)

Raptors may only be used for hunting on the property of the owner or other privately-owned property with the permission of the owner.

(Ord. No. 2019-1543, Exh. A, 4-9-2019; Ord. No. 2019-1551, § III(Exh. C), 9-10-2019; Ord. No. 2021-1591, § I(Exh. B), 6-8-2021; Ord. No. 2021-1594, § I(Exh. A), 8-10-2021)

(a)

Dogs.

(1)

No person shall own, harbor or keep any dog in the city which:

a.

Habitually pursues any vehicle upon any public street, alley or highway in the city;

b.

Assaults or attacks any person;

c.

Is at large within the limits of the city;

d.

Habitually barks or howls to the annoyance of any person or persons;

e.

Kills, wounds or worries any animal;

f.

Is known to be infected with rabies; or

g.

Is declared vicious.

(2)

Every owner of a dog trained to guard property shall post or place in a conspicuous place, so it can easily be seen at the regular and auxiliary entrances to the property, a notice or sign reading "beware of dog". A dog trained to and acting in a defensive manner on property so posted or signed shall not be considered a vicious animal.

(b)

Silkie chickens.

(1)

No roosters are allowed.

(2)

Silkie chickens must be kept in the home or garage from dusk until at least one hour after sunrise.

(3)

No exterior detached chicken coop or similar structures shall be allowed.

(4)

Silkie chickens shall be kept contained or controlled when in a yard and shall not be at large.

(5)

No silkie chicken shall be killed or butchered at a residence.

(6)

In lieu of meeting these specific requirements, a property owner who meets the requirements for chickens under chapter 58 may keep silkie chickens under those requirements.

(c)

Miscellaneous approved pets.

(1)

The public welfare committee may, upon application of a resident, approve an animal as a miscellaneous approved pet subject to such terms and conditions as such committee shall approve. In determining whether to approve an application, or to establish conditions of approval, the committee may take into consideration health, safety, noise and odor concerns, the size of property, nearby uses, private restrictions, whether the proposed animal meets the definition of miscellaneous approved pet and other criteria. At a minimum, a miscellaneous approved pet shall meet the following requirements:

a.

No wild animal may be a miscellaneous approved pet.

b.

No miscellaneous approved pet may be prohibited by any federal, state or local law or regulation.

c.

Miscellaneous approved pets must be kept in the home or garage from dusk until at least one hour after sunrise.

d.

No exterior detached structure may be erected to shelter a miscellaneous approved pet.

e.

Miscellaneous approved pets shall be kept contained or controlled when in a yard and shall not be at large.

(2)

Any person who differs with an approval or denial of a miscellaneous approved pet application may file, within 15 days of the decision by the public welfare committee, a written appeal to the planning commission. Upon any such appeal, the planning commission shall review the application as a request for a conditional use grant.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Animal hospitals and veterinary clinics. An animal hospital or veterinary clinic is an establishment that provides medical services to animals and limited boarding facilities and shall comply with the following:

(1)

Such an establishment may not be located adjacent to any existing restaurant, grocery or food service within the same building.

(2)

Such an establishment shall provide one or more designated outdoor areas for the animals as they arrive and leave the facility and for any walks. These outdoor areas shall be properly signed and maintained daily, screened from public view and any adjacent residential use and located within close proximity to the parking area. The size of these outdoor areas shall be determined by the size of the facility, number of staff members and number of animals served.

(3)

All boarding shall be enclosed within the building.

(4)

No animal shall be allowed to be left unsupervised between the hours of 10:00 p.m. and 6:00 a.m. in a building that contains residential units.

(b)

Bee hives. See specific requirements set forth above for bees.

(c)

Dog houses and runs.

(1)

One dog house of less than 50 square feet shall be permitted provided that it is located in the rear yard closer to the principle dwelling on the subject parcel than the neighboring lot lines. No such dog house may be more than six feet in height. Any such dog house shall satisfy the requirements of section 58-519.

(2)

One dog run of no more than 150 square shall be permitted provided that it is located in the rear yard closer to the principle dwelling on the subject parcel than the neighboring lot lines. Any such dog run shall satisfy the requirements of section 58-519.

(d)

Kennels.

(1)

A kennel may not be located adjacent to any existing restaurant or grocery within the same building.

(2)

Kennels shall be operated in accordance with the following requirements:

a.

All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.

b.

The quarters in which animals are kept shall be maintained in accordance with section 58-519.

c.

Food supplies shall be stored in rodent-proof containers, and food and water containers shall be kept clean.

d.

Litter or bedding material shall be changed as often as necessary to prevent an odor nuisance.

e.

Feces shall be removed from yards, pens and enclosures daily and stored in tightly covered metal containers until final disposal.

f.

Yards, pens, premises and animals shall be kept free of insect infestations.

g.

No odor nuisance shall be permitted.

h.

All animal pens or enclosures shall be sufficiently large to permit confined animals freedom of movement.

(3)

All dogs over five months of age kept at a kennel must by licensed by the city or, if a dog is kept commercially at the kennel, by the municipality in which the owner of the dog resides.

(4)

Whenever a kennel creates a nuisance or has a substantial adverse effect upon the reasonable enjoyment of surrounding properties, the planning commission may, after holding a public hearing, rescind its original approval and require the owner to reduce the number of dogs on the property or discontinue the kennel operation.

(e)

Pet daycares. A pet daycare may not be located adjacent to any existing restaurant, grocery or food service within the same building. All dogs over five months of age kept at a pet daycare must be licensed either by the city or by the municipality in which the owner of the dog resides.

(f)

Pet store. A store that sells pets may not be located adjacent to any existing restaurant, grocery or food service within the same building.

(g)

Pet supply stores, pet grooming facilities and pet daycares. A pet grooming service or pet supply store that allows pets to enter with customers may not be located adjacent to any existing restaurant, grocery or food service within the same building.

(h)

Stables, barns, poultry houses, riding arenas and other similar structures for animals.

(1)

The standards described in this subsection only relate to such structures used in connection with allowed producing animals and not for structures used for other agricultural purposes or nonagricultural purposes. Structures used for such other purposes may not be used to keep animals unless they meet these standards.

(2)

No building housing producing animals shall be closer than 50 feet to any lot line except for chicken enclosures on residentially zoned properties, which are governed by the specific standards for chickens set forth above.

(3)

Except for exterior enclosures for equine animals, exterior enclosures and buildings in which producing animals are housed at a residentially zoned property (other than animals kept in a primary residence) shall be located in the rear yard closer to the principle dwelling on the subject parcel than the neighboring lot lines.

(4)

Additional requirements are set forth above for domestic animals kept at a residentially zoned property.

(5)

For structures less than 1,000 square feet, the design is subject to staff approval. If more than 1,000 square feet, the design is subject to planning commission approval. Other district standards, such as lot coverage ratio, apply.

(6)

If in an A-1 or A-2 district or subject to an OA overlay, and if on a parcel of 40 acres or more (or two or more contiguous parcels with the same owner with an aggregate of 40 acres or more), the application processing fee will be waived. The common council has approved this waiver to minimize the burden to the city's farmers and to encourage agricultural pursuits.

(7)

The standards in this subsection shall not apply to any structure lawfully used in connection with allowed producing animals as of the date of the enactment of the ordinance from which this subsection is derived.

(Ord. No. 2019-1543, Exh. A, 4-9-2019; Ord. No. 2021-1609, § I(Att.), 12-14-2021; Ord. No. 2024-1659, § II, 3-12-2024)

(a)

Animal fancier's permits. No animal fancier's permit shall be established or maintained unless allowed under Table 58-517(b). Animal fancier's permits shall be required as set forth on Table 58-517(b). The fee for the permit shall be established by common council resolution.

(1)

Criteria.

a.

The application for an animal fancier's permit shall include a list of the animals to be kept on the animal fancier's property. The list of animals kept on the animal fancier's property shall be updated by the animal fancier at the office of the city treasurer within 30 days of any temporary or permanent change during the term of a permit.

b.

In addition to the animal fancier's permit, all dogs over the age of five months kept on an animal fancier's property shall be duly licensed as required by law.

c.

No fee in addition to that charged for dog licensing of the individual animals shall be charged for the animal fancier's permit.

(2)

Non-renewal or revocation of permit.

a.

Annually, prior to renewal of the permit, the treasurer shall inquire of the police department regarding complaints and violations regarding the animal fancier permittee of any of the following: animal attacks contrary to section 58-531; animal noise contrary to section 58-531; animals at large contrary to section 58-521 or 58-531; animal waste contrary to section 58-529; licensing violations contrary to section 58-333; violation regarding number of animals contrary to section 58-517; or other animal related nuisance or annoyance conditions.

b.

A person may submit to the office of the city treasurer a written, signed and notarized petition after observation of a violation by an animal fancier permittee of any of the following: animal attacks contrary to section 58-531; animal noise contrary to section 58-531; animals at large contrary to section 58-521 or 58-531; animal waste contrary to section 58-529; licensing violations contrary to section 58-333; violation regarding number of animals contrary to section 58-517; or other animal related nuisance or annoyance conditions. The petition shall state with particularity the following information:

1.

Name, phone number and address of petitioners(s).

2.

Description of dog(s) or cat(s) and address of owner, with name, if known.

3.

Dates and times violations were noted, with detailed description of the alleged violation.

4.

Date or dates reported to the police department or the department of community development.

5.

Statement that petitioner(s) will appear and testify before the board of appeals, if required.

c.

If there are three or more separate incidents described in subsection 1. or 2. in a 12-month period that resulted in a warning or the issuance of a citation by a police officer to the animal fancier permittee, there shall be a presumption that renewal or continuation of the animal fancier's permit would injure public health, safety or welfare and would disrupt the peace and repose of the neighborhood; therefore, the treasurer shall not renew, or shall revoke, the permit. The treasurer shall promptly notify the permittee of the non-renewal or revocation by certified mail, providing copies of the police reports and petition(s) which form the basis for the non-renewal or revocation.

1.

Any person aggrieved by the renewal, non-renewal or revocation of the animal fancier's permit may appeal to the board of appeals, by filing an appeal application on the prescribed form with the city clerk, and paying the prescribed appeal fee, within 30 days of the date of renewal or the notice sent by the treasurer by certified mail of non-renewal or revocation.

2.

Until the appeal is heard and decided by the board of appeals, any action to enforce the lack of an animal fancier's permit, including divestiture of animals, shall be stayed.

(b)

Chicken permit. No chickens (other than silkie chickens kept pursuant to this division) may be kept at any residentially zoned property unless allowed under Table 58-517(a) and a permit is issued by the city and renewed on an annual basis. The fee for the permit shall be established by common council resolution. As described above, any homeowners association shall provide its written consent as a condition of the city issuing the initial permit to the owner. The city may revoke the permit for a violation of the requirements in this division.

(c)

Dog licenses.

(1)

No person shall own, harbor or keep any dog more than five months of age without complying in all respects with the provisions of Wis. Stats. §§ 174.05—174.10, relating to the listing, licensing and tagging of dogs.

(2)

Any dog, male or female, kept or harbored in the city that is five months of age or older as of January 1 of any year, or five months of age within the license year, must be licensed.

(3)

An owner moving into the city shall obtain a license within 30 days of residency for any licensable dogs.

(4)

Fees:

a.

The common council shall by resolution set the cost of a license for unspayed females and unneutered males, and the cost of a license for neutered males and spayed females. The costs for the license shall be one-half the amount set by common council resolution if the dog becomes five months of age after July 1 of the license year.

b.

The license must be secured to a collar and the collar must always be on the dog when outside a residence.

c.

Any person purchasing a license for a dog five month of age or older after April 1, or who fails to obtain a license for any such dog within 30 days of residency, or within 30 days of acquiring such a dog, or within 30 days of the dog becoming five months of age, shall pay an additional late fee prescribed by common council resolution.

(5)

No license shall be issued for any dog unless the applicant presents proof that the dog has been inoculated for rabies by a licensed veterinarian within three years prior to such application.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)

(a)

Complaints. Any adult person observing a violation of any animal ordinance may lodge a complaint with the police department or, if it involves keeping an animal not allowed, the department of community development. The police department or department of community development shall notify the owner or harborer of the animal of the alleged violations and the provisions of this section. If the complainant(s) subsequently observe a violation involving the same animal or owner, a written petition may be submitted to the police department requesting prosecution or the department of community development requesting zoning enforcement. Such written petition shall contain the following:

(1)

Name, phone number and address of the petitioner(s).

(2)

Description of animal(s) and address of owner, with name, if known.

(3)

Dates and times violations were noted, with detailed description of the alleged violation.

(4)

Date or dates reported to the police department or the department of community development.

(5)

Statement that petitioner(s) will testify in court.

(b)

In addition to any other action or remedy, including actions and remedies generally provided for zoning violations under this chapter, any person convicted of violating any provision of this division shall be subject to a penalty as provided in section 1-7. Each violation and each day that a violation continues or occurs shall constitute a separate offense.

(Ord. No. 2019-1543, Exh. A, 4-9-2019)