|
|
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.
Chapter 14 - Animal Care and Licenses
Section
14.01 Definitions
14.02 Construction and Application
14.03 Mistreating Animals
14.04 Taking without Owner's Consent
14.05 Transportation of Animals
14.06 Use of Poisonous and Controlled Substances
14.07 Providing Proper Food and Drink to Confined Animals
14.08 Providing Proper Shelter
14.09 Abandonment
14.10 Vaccination (Rabies Control)
14.11 Re-vaccination
14.12 Bites by Domestic Animals
14.13 Bites by Wild Animals
14.14 Licenses
14.15 Commercial Animal Establishments
14.16 State Regulations
14.17 Dogs and Cats not to Run at Large
14.18 Vicious Animals
14.19 Female Animals in Season
14.20 Exercising Animals
14.21 Howling Animals
14.22 Injured Animals
14.23 Animal Control Agency
14.24 Liability
14.25 Feeding of Deer Prohibited
14.26 Penalty
14.01 DEFINITIONS.
(1) "Animal" includes every living:
(a) Warm-blooded creature, except a human being;
(b) Reptile; or
(c) Amphibian.
(2) "Cruel" shall mean causing unnecessary and excessive pain or suffering or unjustifiable injury or
death.
(3) "Law Enforcement Officer" has the meaning assigned under section 967.02(5) of the Wisconsin Statutes
and includes a humane officer under section 58.07, but does not include a conservation warden appointed under section
23.10 of the Wisconsin Statutes.
(4) "Farm animal" shall mean any animal normally raised on farms or used or intended for use as food
or fiber.
(5) "Commercial Animal Establishment" shall mean any pet shop, grooming shop, or kennel and shall exclude
any city pound, humane society, animal shelter, or veterinary facility.
(6) "Owner" shall include every person who owns, harbors, or keeps an animal.
(7) "Grooming Shop" shall mean a commercial establishment where animals are bathed, clipped, or otherwise
groomed.
(8) "Kennel" shall mean any establishment where dogs or cats are kept for the purpose of breeding, selling,
buying, or boarding.
(9) "Pet Shop" shall mean any establishment where any dog, cat, rabbit, rodent, nonhuman primate, bird,
or other vertebrate animal is bought, sold, exchanged, or offered for sale to the general public.
Index for this Chapter
14.02 CONSTRUCTION AND APPLICATION.
This chapter shall not be interpreted as
covering any law regulating the trapping of animals, the use of live animals in dog trials or in training of hunting
dogs, or the slaughter of animals by persons acting under state or federal law, or taking of animals through hunting
or fishing as permitted by law. All provisions of the Revised Municipal Code Section 21.03(16) shall apply to this
ordinance.
Index for this Chapter
14.03 MISTREATING ANIMALS. No person may treat any animal, whether belonging to himself
or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research
or normal and accepted veterinary practices.
Index for this Chapter
14.04 TAKING WITHOUT OWNER'S CONSENT. No person may take a dog or cat from one place to another
without the owner's consent or cause such a dog or cat to be confined or carried out of this state or held for
any purpose without the owner's consent, except when such animal is taken by a law enforcement officer as designated
above.
Index for this Chapter
14.05 TRANSPORTATION OF ANIMALS. No person may transport any a animal in or upon any vehicle
in a cruel manner.
Index for this Chapter
14.06 USE OF POISONOUS AND CONTROLLED
SUBSTANCES. No person may expose any domestic
animal owned by another to any known poisonous substance or controlled substance listed in section 961.14 of the
Wisconsin Statutes, whether mixed with meat or other food or not, so that the substance is liable to be eaten by
the animal and for the purpose of harming the animal. This section shall not apply to poison used on one's own
premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance
in bona fide experiments carried on for scientific research or in accepted
veterinary practices.
Index for this Chapter
14.07 PROVIDING PROPER FOOD AND DRINK TO CONFINED ANIMALS. 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.
(1) Food. The food shall be of sufficient quantity and nutritive value to maintain the animals in good health.
(2) Water. 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.
Index for this Chapter
14.08 PROVIDING 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.
(1) Indoor Standards. Minimum indoor standards of shelter shall include:
(a) Ambient temperatures which shall be compatible with the health of the animal.
(b) Ventilation for indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
(2) Outdoor Standards. Minimum outdoor standards of shelter shall include:
(a) Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or confined, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
(b) Shelter from inclement weather.
1. 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.
2. Dogs. If a dog is tied or confined unattended outdoors, a moistureproof and windproof shelter of suitable size
to accommodate the dog shall be provided.
(3) Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(a) 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.
(b) 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.
(4) 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
and odors as provided in the Revised Municipal. Code Section 21.03(16).
Index for this Chapter
14.09 ABANDONMENT. No person may abandon any animal.
(1) Any law enforcement officer may remove, shelter, and care for any 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.
(2) If the owner or custodian is unknown and cannot with reasonable effort be ascertained or does not within five
(5) days after notice redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt
with as such.
Index for this Chapter
14.10 VACCINATION (Rabies Control).
(1) Every owner of a dog or cat four (4) months of age shall have his/her animal inoculated with an anti-rabies
vaccine by a licensed veterinarian. The tag received shall be firmly attached to the collar of the animal.
(a) Exceptions. No dog or cat shall require the vaccination if a licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of age, infirmity, debility, illness, or other medical consideration. Such exempt animal shall be vaccinated as soon as health permits.
(2) All other provisions of Section 21 of Chapter 95 of the Wisconsin Statutes pertaining to rabies control are
made a part of this section by reference thereto.
Index for this Chapter
14.11 RE-VACCINATION. Every owner of a dog or cat shall have such animal re-vaccinated
within one (1) year of the initial vaccination and thereafter within every three (3) years.
Index for this Chapter
14.12 BITES BY DOMESTIC ANIMALS.
(1) It shall be the duty of any person bitten or scratched by any animal to report the fact within twelve (12)
hours to the City Health Officer and/or a physician.
(2) Quarantine. A healthy domestic dog or cat without current rabies shots that bites a person shall be captured,
confined, and observed for ten (10) days by a veterinarian or at the animal shelter at the expense of the owner.
A healthy domestic dog or cat with current rabies shots that bites a person may be quarantined on the premises
of the owner after contacting and with the approval of the law enforcement officer.
(a) After such quarantine period animals that have not previously been vaccinated must be vaccinated and proof sent to the health officer within seventy-two (72) hours of release.
(b) A domestic animal that has been exposed to rabies shall be held in quarantine for six (6) months.
(c) A domestic animal that has been vaccinated but is exposed to rabies shall be quarantined for sixty (60) days.
Index for this Chapter
14.13 BITES BY WILD ANIMALS.
(1) It shall be the duty of any person bitten or scratched by any wild animal to report the fact within twelve
(12) hours to the health officer and/or the attending physician.
(2) Any wild animal that bites or scratches a person shall be killed at once (without unnecessary damage to the
head) and the brain examined for evidence of rabies.
Index for this Chapter
14.14 LICENSES. Every owner of a dog or cat more than five (5) months of
age on January 1st of any year, or five (5) months of age within the license year, shall annually or within thirty
(30) days from date such dog or cat becomes five (5) months of age, at the time and in the manner provided by law
for the payment of personal property taxes, pay the dog or cat license tax and obtain a license therefor. The license
fees are as follows:
(a) Neutered or spayed dog $ 8
(b) Un-neutered or unspayed dog $18
(c) Neutered or spayed cat $ 2.50
(d) Un-neutered or unspayed cat $4
Rabies certificates are required to be shown prior to issuance of licenses. The city treasurer shall assess and collect a late fee of $5.00 from every owner of a dog or cat five (5) months of age or over, if the owner fails to obtain a license prior to April 1st of each year, or within thirty (30) days of acquiring ownership of a licensable dog or if the owner fails to obtain a license on or before the dog reached licensable age. All late fees received or collected shall be paid into the city treasury as revenue of the city.
Index for this Chapter
14.15 COMMERCIAL ANIMAL ESTABLISHMENTS.
(1) Any person who keeps or operates a commercial animal establishment shall apply to the city for a license for
the keeping or operating of such commercial animal establishment A license fee of $36 shall be paid for the license
year for such establishment. Prior to issuance of such license by the city and annually thereafter, the premises
shall be inspected to insure that the premises complies with the provisions of this ordinance.
(2) Each holder shall take reasonable care to release for sale, trade, or adoption only those animals which are
free of disease, injuries, or abnormalities. The law enforcement officer may request an examination by a veterinarian.
The following shall deem an animal unfit for sale or release:
(a) Obvious signs of infectious diseases such as distemper, hepatitis, leptospirosis, rabies, or other similar disease.
(b) Obvious signs of nutritional deficiencies which may include rickets, emaciation, etc.
(c) Obvious signs of severe parasitism - extreme enough to be influencing general health.
(d) Obvious fractures or congenital abnormalities affecting general health of animal.
(3) All commercial animal establishments shall comply with the following standards:
(a) All animals, birds, or fish shall be displayed in a healthy condition or, if ill, removed from display and shall be given appropriate treatment immediately.
(b) All animals shall be quartered, and the quarters in which the animals are kept shall be maintained in a clean condition and in a good state of repair.
(c) There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Litter and/or bedding material shall be changed as often as necessary and there shall be adequate ventilation to prevent an odor nuisance.
(d) Feces shall be removed from pens and enclosures as often as necessary to prevent unsanitary conditions and odor nuisance.
(e) All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting and shall have secure latches in good repair. Each cage must be of sufficient size that the animal will have room to stand, turn, and stretch out to its full length.
(f) The floor and walls of any room in which animals are kept shall be covered with impervious, smooth, cleanable surface. The floors and walls shall be cleaned and disinfected as often as necessary to prevent an odor nuisance.
(g) The premises shall be kept free of insect and rodent infestations. Food supplies shall be stored in rodent-proof containers.
(h) Water: There shall be available hot water for washing cages. Fresh drinking water shall be available to all species at all times. All water containers shall be mounted so the animal cannot easily turn them over, and be removable for cleaning.
(i) Feeding: Food for all animals and birds shall be served in a clean dish so mounted that the animal cannot readily tip it over or defecate or urinate in same.
(j) All animals must be fed and watered according to the accepted procedure for that species and cages cleaned every day.
(k) Fish: The water temperature shall be maintained at a temperature that is healthful.
(l) Shade Required: Shade from the direct rays of the sun shall be provided for all animals.
(m) Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day and cages must be disinfected when birds are sold. Parrots and other large birds shall have separate cages from smaller birds.
Index for this Chapter
14.16 STATE REGULATIONS. The provisions of Chapter l74, Wisconsin Statutes, pertaining
to licensing of dogs are made a part of this section by reference thereto, except where the amount of such license
fee is increased herein.
Index for this Chapter
14.17 DOGS AND CATS NOT TO RUN
AT LARGE.
(1) It shall be unlawful to own, keep, or harbor a dog or cat which runs at large within the limits of the city.
(2) Under the provisions of this section, a dog or cat shall be considered as running at large when it is not on
the premises of its owner, unless it is on a leash.
Index for this Chapter
14.18 VICIOUS ANIMALS. The owner of any vicious animal shall keep the same securely
enclosed on the owner's premises away from the proximity of sidewalks, paths, or alleys, and shall keep it muzzled
when exercising it.
Index for this Chapter
14.19 FEMALE ANIMALS IN SEASON.
Any female dog or cat in season shall be
kept confined in a building or secure kennel enclosure, veterinary hospital, or boarding kennel during the duration
of such season.
Index for this Chapter
14.20 EXERCISING ANIMALS.
(1) No person shall exercise or walk a dog on a leash more than six (6) feet in length.
(2) No owner shall allow or permit the animal to defecate upon the property not owned by such person or without
such other property owner's consent or upon any public property, excluding therefrom any property used for street
purposes, without immediately removing feces.
Index for this Chapter
14.21 HOWLING ANIMALS. No person shall own, keep, have in his possession, or harbor
any animal within the city which by frequent or habitual howling, yelping, or barking shall cause a serious disturbance
to persons or to the neighborhood, provided that the provisions of this section shall not apply to licensed animal
hospitals conducted for the treatment of small animals or to the premises used and occupied by the city for impounding
animals.
No person shall be convicted under the provisions of this section except upon a plea of guilty or nolo contendre
or upon a complaint executed by three (3) or more persons of different households.
Index for this Chapter
14.22 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 injured. In the event the owner
of such injured animal cannot be located, the city or any animal control agency with whom the city has an agreement
or contract, shall have the authority to acquire such animal for the purpose of providing medical treatment and
the owner thereof shall be responsible for reimbursement of medical costs.
(1) The operator of any vehicle involved in an accident resulting in injury to or death of any domestic animal
shall stop such vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return
to and shall, if possible, remove the animal to the side of the road-way and notify the Stevens Point Police Department
or the city's contracted animal control agency.
Index for this Chapter
14.23 ANIMAL CONTROL AGENCY.
(1) The Common Council of the City of Stevens Point may, if it deems advisable, contract with or enter into an
agreement with such person, persons, organization, or corporation to provide for the operation of a city 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) Enforcement. The Common Council of the City of Stevens Point may, if it deems advisable, further authorize
the animal control agency to assist in enforcing the provisions of this ordinance.
(3) Dogs and cats under five months of age acquired from the pound or shelter facility shall be spayed or neutered
by eight months of age. Dogs and cats acquired from the pound at an age of five or more months shall be spayed
or neutered within 30 days.
Index for this Chapter
14.24 LIABILITY. The City of Stevens Point and/or its animal control agency
or its designated agent shall not be liable to any person for the death, destruction, injury, or disease caused
to any animal that has been impounded pursuant to this ordinance.
Index for this Chapter
14.25 FEEDING OF DEER PROHIBITED.
No person may place any salt, mineral, grain,
fruit or vegetable material outdoors on any public or private property for the purpose of feeding whitetail deer.
(1) PRESUMPTION. There shall be a rebuttable presumption that either of the following acts are for the purpose
of feeding whitetail deer:
(a) The placement of salt, mineral, grain, fruit or vegetable material in an aggregate quantity of greater than
one-half gallon at the height of less than six feet off the ground.
(b) The placement of salt, mineral, grain, fruit or vegetable material in an aggregate quantity of greater than
one-half gallon in a drop feeder, automatic feeder or similar device regardless of the height of the grain, fruit
or vegetable material.
(2) EXCEPTIONS. This ordinance shall not apply to the following situations.
(a) Hunting. The placement of bait for the purpose of hunting whitetail deer subject to all other laws, ordinances,
rules and regulations governing hunting and the discharge of hunting weapons.
(b) Naturally Growing Materials. Naturally growing grain, fruit or vegetable material, including gardens and residue
from lawns, gardens and other vegetable materials maintained as a mulch pile.
(c) Bird Feeders. Unmodified commercially purchased bird feeders or their equivalent.
(d) Authorized by the Common Council. Deer feeding may be authorized on a temporary basis by the Common Council
for a specific public purpose as determined by the Common Council.
(e) Counting. Deer feeding may be authorized on a temporary basis by the Common Council for the purpose of determining
the deer population
14.26 PENALTY. Every person, firm, or corporation convicted of a violation of any of the provisions of the sections or parts thereof of this chapter is, for each offense, subject to a forfeiture not to exceed $150.00 and in lieu of such payment assessed, imprisonment for not more than forty-five (45) days in the county jail.
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.