CHAPTER 50 – ANIMAL CARE AND LICENSING ( pdf version )Section 50.01 Purpose
This ordinance is hereby passed in the interest of promoting the public health and welfare and in protection of the Town's animal population.Section 50.02
1) ‘Animal' includes every living warm blooded creature except a human being.
2) ‘Cattery' means any establishment where cats are kept for the purpose of breeding, selling, buying or boarding.
3) ‘Commercial Animal Establishment' means any pet shop, grooming shop, kennel or cattery and shall exclude any town pound, Humane Society Animal Shelter or veterinary facility. Notwithstanding the foregoing, the provisions of Section 50.27 of this ordinance shall be applicable to a veterinary facility if the same is engaged in the boarding of animals for commercial purposes.
4) ‘Cruel' means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
5) ‘Farm Animal' means any warm blooded animal normally raised on farms in the United States and used or intended for use as food or fiber.
6) ‘Grooming Shop' means a commercial establishment where animals are bathed, clipped, or otherwise groomed.
7) ‘Kennel' means any establishment wherein or whereon dogs are kept for the purpose of breeding, selling, buying or boarding.
8) ‘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
9) ‘Owner' includes every person who owns, barbors, or keeps an animal.
10) ‘Pet Shop' means any establishment where any dog, cat, rabbit, rodent, nonhuman primate, bird, or vertebrate animal is bought, sold, exchanged or offered for sale to the general public.Section 50.03 Construction and Application
This ordinance shall not be interpreted as covering any law regulating the trapping of animals, the use of live animals in dog trials or in the training of hunting dogs, or the slaughter of animals by persons acting under state or federal law.Section 50.04 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 accepted veterinary practices.Section 50.05 Taking Without Owner's Consent
No person may take a dog from one place to another without the owner's consent or cause such a dog to be confined or carried out of this state or held for anh purpose without the owner's consent, except when such animal is taken by a law enforcement officer as designate above.Section 50.06 Transportation of Animals
No person may transport any animal in or upon any vehicle in a cruel manner.Section 50.07 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 161.14 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.Section 50.08 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 animal in good health.
2) Water. If potable water is not accessible to the animals at all times, it shall be provided daily in sufficient quantity for the health of the animal.Section 50.09 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 that 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. Sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
b) Shelter from inclement weather.
i) Animals generally. Natural or artificial shelter appropriate to the local climate conditions for the species concerned shall be provided as necessary for the health of the anima.
ii) Dogs. If a dog is tied or confined unattended outdoors, a moisture proof 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.Section 50.10 Neglect and 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 an animal to the animal control agency as set forth in Section 23 of this ordinance or such other designated person to be sheltered, cared for, and given medical attention, if necessary. In all cased the owner, if know, shall be immediately notified and such officer or animal control agency, or such other designated 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 redeem the dog within five (5) days after notice by paying the expenses incurred, it may be treated as a stray and dealt with as such.Section 50.11 Vaccination (Rabies Control)
1) Every owner of a dog four (4) months of age shall have his animal inoculated with an anti-rabies vaccine by a licensed veterinarian. The tag received shall be firmly attached to the collar of the animal.
2) Exceptions. No dog shall require the vaccination if a licensed veterinarian has examined the dog 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.Section 50.12 Re-Vaccination
Every owner of a dog shall have his dog re-vaccinated within one (1) year of the initial vaccination and thereafter within every three (3) years.Section 50.13 Bites by Domestic Animals
1) It shall be the duty of any person bitten or scratched by any dog or cat to report the fact within twelve (12) hours to a licensed physician practicing in Portage County, and the contracted Animal Control Agency, and/or the County Health Officer.
2) Quarantine. Any dog or cat without a current rabies shot that bites a person shall be captured, confined and observed for ten 910) days at a veterinarian facility or at the contracted Animal Control Agency at the expense of the owner except if such animal has a current rabies shot it may be quarantined on the premises of the owner after contacting and with the approval of the contracted Animal Control Agency and the County Health Officer.
a) After such quarantine period animals that have not previously been vaccinated must be vaccinated and proof sent to the County Health Officer and the contracted Animal Control Agency within seventy-two (72) hours of release.
b) An animal that has been exposed to rabies shall be held in quarantine for six (6) months.
c) An animal that has been vaccinated but is exposed to rabies shall be quarantined for sixty (60) days.
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 attending physician.
2) Any wild animal that bites or scratches a person shall be killed at once (without damage to the head) and the brain examined for evidence of rabies.Section 50.15 Licenses
Every owner of a dog more than five (5) months of age on January 1 of any year or five (5) months of age within the license year, shall annually or within thirty (3) days form 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 property taxes, pay his dog license tax and obtain a license therefore. The license fees are as follows:
1) Neutered male dog - $3.00
2) Un-neutered male dog - $6.00
3) Spayed female dog - $3.00
4) Un-spayed female dog - $6.00Section 50.16 State Regulations
The provisions of Chapter 174 of the 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.Section 50.17 Dogs Not to Run at Large
1) It shall be unlawful to own, keep, or harbor a dog that runs at large within the limits of the Town.
2) Under the provisions of this section, a dog shall be considered as running at large when it is not on the premises of its owner, unless it is on a leash.Section 50.18 Vicious Animals
The owner of any vicious animal shall keep it securely enclosed on his premises away from the proximity of sidewalks, paths or alleys, and shall keep it muzzled when exercising it.Section 50.19 Female Animals in Season
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.Section 50.20 Exercising Animals
1) No person shall exercise or walk a dog on a leash more than six (6) feet in length.
2) No person shall allow or permit any animal owned by him to defecate upon property no 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 the feces.Section 50.21 Howling Animals
1) No person shall own, keep, have in his possession, or harbor any dog within the Town 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 licenses animal hospitals conducted for the treatment of small animals or to the premises used an occupied by the Town for impounding animals.
2) No person shall be convicted under the provisions of this section except upon a plea of guilty or nolo contender or upon a complaint executed by three (3) or more persons of different households.Section 50.22 Injured Animals
1) No person who owns, harbors, or keeps any animal shall fail to provide proper medical attention to the animal when and if the animal becomes injured. In the event the owner of such injured animal cannot be located, the Town or any animal control agency with whom the Town has an agreement or contract, shall have the authority to acquire the animal for the purpose of providing medical treatment and the owner thereof shall be responsible for reimbursement of medical costs.
2) 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 roadway and notify the Portage County Sheriff's Department and or the contracted Animal Control Agency.Section 50.23 Animal Control Agency
1) The Town Board of the Town of Hull may, if it deems it advisable, contract with or enter into an agreement with such person, persons, organization, or corporation to provide for the operation of a Town animal shelter, impoundment of stray animals, and for assistance in the administration of rabies vaccination programs.
2) Enforcement. The Town Board may appoint one or more humane officers and may appropriate money to carry on such program and pay such salaries as the Board deems necessary to implement and enforce the provisions of this ordinance; humane officers shall serve until their appointments are terminated by the Town Board.Section 50.24 Liability
The Town of Hull 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.Section 50.25 Penalty
Every person, firm or corporation convicted of a violation of any of the provisions of the above entitle sections or parts thereof of this chapter shall, for each offense, be punished by a forfeiture no to exceed $500.00 together with the cost of prosecution and in lieu of payment and costs assessed imprisoned in the county jail for a term not to exceed sixty (60) days.Section 50.26 Animals Acquired from Contracted Animal Control Facility
Ant dog or cat acquired from the contracted animal control facility must be spayed or neutered in compliance with the animal control agencies contract.Section 50.27 Commercial Animal Establishments
1) Any person who keeps or operates a commercial animal establishment shall apply to the Town for a license for the keeping or operating of such commercial establishment. For such establishment he shall pay a license fee of $25.00 for the license year.
2) Each holder shall take reasonable care to release for sale, trade or adoption only 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 diseases
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 the general health of the 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 surfaces. The floors and walls shall be cleaned as often as necessary to prevent 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.
1) An action in circuit court for violation of this ordinance may be commenced by personal service of a citation on the offending individual or firm. The citation shall be signed by a humane officer and shall contain substantially the following information:
a) The name and address of the defendant.
b) The name of the issuing humane officer.
c) The violation alleged, the time and place of occurrence, a statement that the defendant committed the violation, the section of this ordinance violated and a designation of the violation in language that can be readily understood.
d) A date, time and placer for the court appearance, and a notice to appear.
e) Provisions for amount of deposit and stipulation in lieu of a court appearance.
f) Notice that the defendant may make a deposit and thereby obtain release if an arrest has been made.
g) Notice that the defendant may by mail prior to the court appearance enter a plea of not guilty and may within ten 910) days after entry of the plea request a jury trial.
h) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture and penalty assessment plus costs, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
i) Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant's arrest or may enter a default judgment against the defendant.
j) Any other pertinent information.
2) In lieu of the procedure set forth in paragraph (1) of this section an action for recovery of forfeitures resulting from violations of this ordinance may be commenced according to the procedures set forth in Chapter 288 of the Wisconsin Statutes.
Section 50.29 Deposit Schedule
|Section Violated||Deposit Fee|
|Sec. 8, Failure to Provide Proper Food and Drink to Confined Animal||$50.00|
|Sec. 9, Failure to Provide Proper Shelter for an Animal||$35.00|
|Sec. 11, Failure to Vaccinate Dog||$25.00|
|Sec. 12, Failure to Re-Vaccinate Dog||$25.00|
|Sec. 15, Failure to License Dog||$20.00|
|Sec. 17, Owning-Keeping-Harboring Dog Running at Large|
1st Violation within 12-month period
2nd Violation within 12-month period
3rd and subsequent violations within a 12-month period
|Sec. 20(b), Allowing Animal to Defecate on Property Not Owned||$20.00|
|Sec. 21, Howling Animals||$25.00|
|Sec. 26, Failure to Spay-Neuter Dog or Cat Acquired from Animal Control Facility||$75.00|
|All Other Violations||$15.00|
HULL TOWN BOARD:
By: Joseph Wojcik, Chairman
By: Robert Brilowski, Supervisor
By: Lawrence C Fritsch, Supervisor
Janet R Wolle, Clerk
Date of Passage: August 15, 1979
Date of Publication: August 20, 1979
Date Effective: August 21, 1979
Amendment to current Animal Control Ordinance for the Town of Hull:
ANIMALS AND POULTRY NOT TO RUN AT LARGE. No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the Town. “At Large” means an animal is off the premises of its owner and upon any public street or alley, school grounds, public park or other public grounds or upon any private or upon any private property without the permission of the owner of the property, provided an animal shall not be deemed to be at large if the following provisions apply:
It is attached to a leash not more than 10 feet in length which is of sufficient strength to restrain the animal and the leash is held by a person competent to govern the animal and prevent it from annoying or worrying pedestrians or trespassing on private property or trespassing on public property where such animals are forbidden.
It is properly restrained within a motor vehicle.
It is engaged in the act of training for show, field trial or obedience trial purposes, in control of its owner or his agent competent to govern such animal at such distance, and not annoying or worrying pedestrians or trespassing on private property or trespassing on public property where such animals are forbidden.
The owner or keeper shall be liable for all damages done by such animal while so at large, although he escapes without the fault of such owner or keeper; and the construction of any fence shall not relieve such owner or keeper from liability.
Suggested Penalty Fee:
“Owning, Keeping, Harboring Animal Running at Large”.
$50.00 deposit plus court assessment