TOWN OF
ANIMAL ORDINANCE
Article 1. General
Section 1-1 Purpose
Section 1-2 Abrogation and Greater Authority
Section 1-3 Interpretation
Section 1-4 Severability
Section 1-5 Applicability
Section 1-6 Administration
Section 1-7 Effective Date
Article 2. Definitions
Section 2-1 Definitions
Article 3 Licensing
of Animals
Section 3-1 Wisconsin State Statues Adopted
Section 3-2 License; Required
Section 3-3 License; Fees
Article 4. General
Regulations
Section 4-1
Section 4-2 Animals and Insects not Permitted in the Town of
Section 4-3 Cruelty to Animals
Section 4-4 Limit Number of Pets
Section 4-5 Pet Littering
Section 4-6 Animal Traps
Section 4-7 Prohibited Areas for Animals
Section 4-8 Barking Dogs
Article 5. Animal
Shelter / Impoundment of Animals / Rabies Control
Section 5-1
Section 5-2 Rabies Vaccination
Section 5-3 Rabies Control
Section 5-4 Vicious Animals
Section 5-5 Animal Running at Large
Section 5-6 Impoundment
Article 6. Pet
Stores / Commercial Kennels
Section 6-1 License / Permit Required
Article 7.
Penalties
Section 7-1 Penalties
Section 7-2 Penalties - Juvenile
Article 1. General
Section 1-1 Purpose
The purpose of this ordinance is
the protection of health, welfare and safety of dogs, cats, livestock and
residents of the Town of
Section 1-2 Abrogation
and Greater Authority
It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall apply.
Section 1-3 Interpretation
In there interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in the Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and standards in effect on the date of adoption of this ordinance, or in effect on the date of the most recent text amendment to this ordinance.
Section 1-4 Severability
Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
Section 1-5 Applicability
The requirements of this ordinance
apply to all person having a right of property in an
animal and/or having such animal in his or her possession while present within
the
Section 1-6 Administration
The provisions of this ordinance shall be administered by Rushford Town Board, unless a committee, person, representative, or Law Enforcement Officer is appointed or requested by said Board, to administer the provisions herein.
Section 1-7 Effective Date
The provisions of this ordinance shall take effect on May
27, 2008
Article
2. Definitions
Section 2-1 Definitions (as used in this
ordinances)
1) Animal includes ever living:
a) warm blooded creature (except a human being),
b) reptile,
c) amphibian,
d) or bird.
2) Commercial Kennel shall mean an establishment wherein any person is engaged in the business of breeding, buying, letting for hire, training for a fee and/or selling of animals, with the exception of veterinary hospitals or pet shops.
3) Boarding Kennel shall mean an establishment wherein any person is engaged in the business of boarding of animals for a period of twelve (12) consecutive hours or longer. Boarding Kennel shall not include veterinary hospitals, pet shops or commercial kennels.
4) General Kennel shall mean an establishment wherein any person maintains, keeps or harbors five (5) but not more than eight (8) dogs in their possession but is not in the business of breeding, buying or selling said animals.
5) Grooming Salon shall mean an establishment for the purpose of grooming, bathing, brushing and or clipping of any dog, cat or other animal for a fee.
6) Impound or Isolation Facility shall mean the Neenah Animal Shelter, a veterinary hospital, or other place specified by a Town Board Member which is equipped with a pen or cage which isolates the animal from contact with other animals.
7) Officer shall mean a peace officer as defined under section 939.22 (22), Wisconsin State Statutes, a community service officer, the Town Constable or other Town Board designee.
8) Owner shall mean and include every person having a right of property in an animal and/or reptiles are kept or displayed for sale or free distribution.
9) Pet Shop shall mean any business where animals, birds, amphibians and/or reptiles are kept or displayed for sale or free distribution.
10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian stating the brand of vaccine used, manufacturer’s serial number of the vaccine used, and describing the animal, age and breed, owner and vaccination tag number indicating that the animal has been immunized against rabies.
11) Vicious Animal shall mean:
1) Any animal that, has on two (2) or more occasions when unprovoked, bitten, injured, killed, damaged or attacked a human being or animal on either public or private property; and/or
2) any animal trained or used for fighting against another animal
Notwithstanding the definition of a “vicious animal” above, no animal may be declared vicious if death, injury or damage is sustained by a person who, at the time such was sustained, was committing trespass upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime or violating or attempting to violate a statute or ordinance which protects person or property.
No animal may be declared vicious if death, injury or damage is sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the animal.
No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
No animal may be declared vicious for acts committed by said animal while being utilized by a law enforcement officer.
Article
3. Licensing of Animals
Section 3-1
The rules and regulations pertaining to licensing,
specifically sections 174.001 (2) (m), 174.05, 174.053, 174.054, 174.055, and
174.07, Wisconsin State Statutes, together with any future additions, deletions
or supplements thereto, are herewith incorporated as part of this ordinance and
shall be enforced with the same force and effect as though set forth in full
herein. Providing, however, that where such rules and
regulations are less stringent than other provisions found in the ordinance,
the provisions of this ordinance shall apply. The rules and regulations
pertaining to licensing, at this time, shall apply only to dogs within the Town
of
Section 3-2 License; Required
1) Every owner residing in the Town of
2) When a dog becomes five (5) months of age, the owner shall obtain a license within thirty (30) days thereof.
3) Each transient or seasonal owner shall maintain a license for their dog for the place of their permanent residence. Should the place of the owner’s permanent residence not require licensing of dogs, the owner shall contact the Town Treasurer and provide proof of vaccination, location of temporary address and duration of temporary residence information.
4) Each owner obtaining a license for operating a kennel shall be excluded from this licensing procedure, but shall be required to obtain a kennel permit.
Section 3-3 License; Fees
Every owner of a dog shall purchase a license from the Town Treasurer, prior to April 1st of each year.
The Town Treasurer shall maintain a list of license fees for
the Town of
Article
4. General Regulations
Section 4-1
The following Wisconsin State Statutes together with any future additions, deletions or supplements thereto are herewith incorporated as part of this ordinance and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this ordinance, the provisions of this ordinance shall apply.
174.042 Dogs running at large and untagged dogs
951.02 Mistreating animals
951.025 Decompression Prohibited
951.03 Dog napping and catnapping
951.04 Leading animal from motor vehicle
951.05 Transportation of animals
951.06 Use of poisonous and controlled substances
951.07 Use of certain devices prohibited
951.08 Instigating fights between animals
951.09 Shooting at caged or staked animals
951.11 Artificially colored animals; sale
951.13 Providing proper food and drink to confined animals
951.14 Providing proper shelter
951.15 Animals; neglected or abandoned; police powers
951.16 Investigation of cruelty complaints
Section 4-2 Animals and insect not permitted in the
Town of Rushford
No person shall bring into, keep, maintain, offer for sale or barter, or release to the wild, nor shall any person permit such activities to occur on premises owned, controlled, rented or maintained by that person:
1) Wild animals, including but not limited to, any live monkey, or other non-human primate, raccoon, skunk, ferret, prairie dogs, wolf, panther, lynx, opossum, or any other warm blooded animal which can normally be found in the wild state. For the purposes of this ordinance, wolf-dog hybrids are considered wild animals.
2) Any poisonous or venomous, biting or injecting species of reptiles, amphibians, arachnids or insects.
3) Snakes not indigenous to
This section is not intended to prohibit the live capture and holding of animals for hunting training purposes provided that the animals are unharmed and released to the wild within forty eight (48) hours following capture and after no more than two (2) training exercises. In addition, this section is not intended to prohibit the raising of indigenous species of fowl the conservation clubs.
Section 4-3 Cruelty to Animals
1) Every owner or person responsible shall provide animals with a sufficient supply of good/wholesome food and potable water to maintain health.
2) No person shall confine and/or allow animals to remain outside during adverse weather conditions constituting a health hazard to such animal.
a) sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
b) Natural or artificial shelter appropriate to the local climatic conditions shall be provided as necessary.
3) Every owner and/or person in charge or control of any animal which is kept outdoors, or in an unheated enclosure, shall provide such an8imal with shelter and bedding as prescribed in this section as a minimum requirement.
a) The housing facilities shall be structurally sound, moisture proof and maintained in good repair.
b) Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement of the retention of body heat.
c) a solid floor raised at least two (2) inches off the ground.
d) an entrance covered by a self-closing swinging covering, or an L-shaped entrance to prevent wind from blowing directly into the house.
e) A sufficient quantity of suitable clean bedding material, to provide insulation and protection against cold and dampness and promote the retention of body heat.
f) During the months of May through September, inclusive, paragraphs d and e above may be suspended.
4) Every owner that houses or confines an animals in a pen or enclosure shall keep and maintain such pen or enclosure in a clean, sanitary and odor free conditions.
5) No Person may abandon or neglect any animal.
6) No person shall kick, beat, cruelly ill treat, torment, overload, overwork or otherwise abuse any animal.
7) No person shall leave any animal enclosed or unattended in any type of vehicle where air temperatures inside and/ or outside will cause the animal distress, illness or loss of life.
8) No person may intentionally instigate, promote, aide or abet as a principal agent or employee, or participate in the earnings from, or intentionally maintain or allow any place to be used for a cockfight, dogfight, bullfight or other fight between the same or different kinds of animals or between an animal and a person (951.08)
9) No theatrical exhibit or act shall be held in which animals are forced or encouraged to perform through the use of chemical, electrical or mechanical devises (951.07)
10) The performance of any act prohibited by this section or the non-performance of any act required by it, shall be deemed cruelty to animals and subject to the provisions of sections 951.15 and 951.16 of the Wisconsin State Statutes adopted herein. Impoundment of animals under this section shall be as prescribed in section 5-6, “Impoundment” of this ordinance.
Section 4-4 Limit Number of Pets
1) Limitation- No person may own, harbor or keep in there possession, within the Township, more than three dogs over the age of (5) five months, except when they possess a Kennel license which is in full force and effect.
2) Kennel License- A person requesting and obtaining a kennel license may own, harbor or keep no more than eight (8) dogs over the age of five (5) months. Kennel licenses must be requested of, and approved by the Town Board prior to exceeding the pet number limit.
3) Exemption- The exemption being a litter of pups, or a portion of a liter may be kept for a period of time not exceeding five (5) months from birth.
4) This section shall not apply to properly licensed facilities under Article 6. Pet Stores/ Commercial Kennels of this ordinance, or veterinary hospitals.
Section 4-5 Pet Littering
No owner shall allow their animal(s) to soil, defile, defecate on or commit any nuisance on ay private or public property unless the owner immediately removes and disposes of all feces so deposited in a proper receptacle located upon the owner’s property or upon another’s property with permission in accordance with the provisions of this ordinance.
Section 4-6 Animal
Traps
Any unlicensed trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare or kill game, or any trap without a metal tag attached as required by section 29.03 (5) Wisconsin State Statutes shall be prohibited, except for live raps.
Section 4-7
Prohibited Areas For Animals
1) A person owning or in charge of any animals shall have them leashed or under there control at all times to be upon Town owned or operated parks, beaches, boat landings, cemeteries, playgrounds, school or any other publicly owned properties.
2) The provisions of this ordinance are not intended to prohibit the use of dogs for hunting on public land and shall not apply to animals assisting disabled persons.
Section 4-8 Barking Dogs / Loud Animals
1) No person shall keep any dog or other animal which by loud or frequent or habitual noise shall disturb the peace or any person in the vicinity.
2) No person shall encourage an animal to make noise which would disturb the peace or any person in the vicinity.
Article
5. Animal Shelter / Impoundment of Animals / Rabies Control
The rules and regulations pertaining to impoundment and rabies control, specifically sections 174.046 and 95.21, Wisconsin State Statutes, together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this ordinance and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this ordinance, the provisions of this ordinance shall apply.
Section 5-2 Rabies Vaccination
1) Required – Dogs shall be vaccinated within thirty
(30) days after having reached four (4) months of age. Unvaccinated dogs
acquired or moved to the Town of
2) Each dog vaccinated at under one (1) year shall be revaccinated twelve (12) months after the initial vaccination. Thereafter, every dog shall be revaccinated at not more than thirty-six (36) month intervals with a three (3) year vaccine or at not more than twelve (12) months intervals with a one (1) year vaccine.
3) Transient Dog – The provisions of this section with respect to vaccination shall not apply to any dog owned by a person temporarily remaining within the Town for less than thirty (30) days, or any dog strict supervision by the owner. However, it shall be unlawful to bring any dog into the Town which does not comply with the animal health laws and import regulations of the State of Wisconsin, which are applicable to dogs.
Section 5-3 Rabies Control
Bites and/or Scratches – All dogs or other animal bites and/or scratches of humans shall be immediately reported to the proper authorities, by the person owning, possessing, keeping, or harboring such animal and/or by the person bitten or scratched.
1) An animal which
is required to, but does not have a current rabies vaccination must be
quarantined at an isolation facility, either a veterinary clinic of the owner’s
choice or at an animal shelter selected by the Town of
2) An animal which has proof of a current anti-rabies vaccination may, at the discretion of the Town Board, be quarantined in an impound facility or on the premises of the owner for a period of ten (10) days. During Quarantine, the animal shal be securely confined within the owner’s home or other secure enclosure and kept on a leash at all times when outside of the home or enclosure and be kept from contact with any other animal or human. In the case of quarantine on the owner’s premises, failure on the part of the owner to obey all conditions and directions of the Town Board pertaining to the quarantine period, shall result in the immediate impoundment of the animal for the remainder of the quarantine period. Charges for boarding of such animal shall be paid by the owner.
3) All animals under bite/scratch confinement must be examined at least three (3) times by a veterinarian during the ten (10) day confinement period. (First (1st) day of isolation, the last day of isolation, and day four (4), five (5) or six (6) of quarantine.)
4) If the animal has not been impounded by the Town of Rushford, the owner or person in possession of the animal must provide the Town of Rushford with a receipt for veterinary visits by the second (2nd) day of quarantine and on or before the seventh (7th) day of quarantine for the first (1st) and second (2nd) examinations as provided in sub paragraph three (3) above.
5) If the animal has
not been impounded, the owner or person in possession of the animal must
contact the Town of
a) Rabies vaccination information
b) Current licensing information
c) Receipt(s) from the veterinary examinations
d) Veterinary certification of lack of exhibited signs or symptoms of rabies
6) No person other than a Peace Officer, Town Constable or a Licensed Veterinarian shall kill or cause to be killed, any animal suspected of being rabid. Any animal suspected of being rabid shall be placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian does diagnose rabies in an animal in quarantine, then the animal shall be humanely euthanized and the head of such animal sent to the laboratory for pathological examination and confirmation of the diagnosis.
7) Death of an animal while under quarantine – If an
animal in quarantine is killed or dies, the death of that animal shall be
reported immediately to the Town of
8) Handling of animal suspected of being bitten or exposed to an animal of unknown vaccination status – Any dog or other animal suspected of having physical contact with any live skunk., bat, fox, or raccoon that is exhibiting abnormal behavior, any other animal considered to be at risk by the State Lab of Hygiene or any animal of unknown vaccination status shall be considered exposed to a rabid animal. The following shall apply:
a) Unvaccinated Animals – suspected of being bitten or exposed to an animal of unknown vaccination status must either:
1) Destroyed within twenty four
(24) hours or within a period specified by the Town of
2) At the discretion of the Town Board, quarantined, leashed and/or confined, at least one hundred eighty (180) days at home of the owner. The owner shall have the animal vaccinated against rabies between one hundred fifty five (155) and one hundred sixty five (165) days after exposure to the rabid animal. Any violation of this quarantine will result in immediate quarantine of the animal in an isolation facility or the animal shall be destroyed in a humane manner which avoids damage to the animals head. The animals head shall then be processed by a licensed veterinarian and be examined by the State Lab or Hygiene for evidence of rabies. The cost of this process shall be at the expense of the animal owner.
3) Quarantined in an isolation facility for not less than one hundred eighty (180) days. The owner shall have the animal vaccinated against rabies between one hundred fifty five (155) and one hundred sixty five (165) days.
b) Vaccinated animals – Currently immunized dogs which have been bitten by or exposed to, an animal of unknown vaccination status must be either:
1) Revaccinated against rabies as soon as possible after exposure to a rabid animal. The animal shall either be quarantine in an isolation facility or at the discretion of the Town of Rushford, leashed and confined at the premises of the owner for a period of sixty (60) days, or
2) Destroyed.
Section 5-4 Vicious Animals
No person shall own, possess, harbor, keep or maintain a vicious animal contrary to the terms of this ordinance.
1) Any person who may own, possess, harbor keep or maintain a vicious animal prior to the enactment of this ordinance shall be required to notify the Town Board of the presence of said animal(s) including number, type, breed, age and sex of the animal.
2) The owner of said animal shall be required to obtain a permit from the Town Treasurer for a fee of fifty (50) dollars. The permit shall spell out additional conditions and requirements that the owner must provide in order to maintain the vicious animal.
3) Should the animal die of unforeseen circumstances or of natural causes, the animal shall not be replaced and notification of the animals passing shall be forwarded to the Town of Rushford.
Section 5-5 Animal Running at Large
No person shall permit any animal to run at large in the Township at any time. Each owner of any such animal is required to confine it within the limits of his or her premises except when it is attended to by some person, and in such cases animals shall be fastened securely to a suitable leash no more than ten (10) feet in length. For purposes of this section, the phrase running at large embraces all places within the Township except the owners premises, and includes all streets, alleys, sidewalks or other public or private property. Unrestrained animals may be taken by a Law Enforcement Officer, Community Service Officer, Town Constable or Public Official and impounded in a humane manner.
Dogs used during hunting or field training activities may run free of a leash when accompanied by the owner or person in charge of such animals care, however, this activity is restricted to public hunting grounds or private hunting areas with the property owner’s permission.
Section 5-6 Impoundment
Violations of this ordinance may result in the impoundment
of an animal from public or private property. Animals taken by a Law
Enforcement Officer, Town Constable or Public Official shall be impounded under
the provisions of this section. If by a license tag, or other means, the owner
can be identified, the Town of
1) Dogs not claimed by their owners within five (5) days of the impoundment shall be deemed as being surrendered to, and may by disposed of by the Town of Rushford or its designee, in a humane manner and the original owner shall have no further claim for such animal.
2) The owner of
any animals which have been impounded shall pay a reclaiming fee in order to
regain possession of their animal. This fee shall be set by the Town of
3) The Town Treasurer or duly appointed person shall collect the redemption fees and fees for animal control along with any ordinance violation penalties prior to releasing the animal to its owner.
4) Animals being redeemed from impoundment shall have proper Town license and a current rabies vaccination tag or the owner shall secure a proper license and rabies vaccination. If the owner cannot show proof of a current rabies vaccination, the owner shall show a receipt form a licensed veterinarian for prepayment of a rabies inoculation before the animal can be released. If the owner provides a receipt for prepayment of inoculation fees, the owner must then provide proof of inoculation within five (5) days of the animals release.
Articles 6 Pet Stores / Commercial Kennels
Sections 6-1 License
/ Permit Required
Applications for permits must be made in person at a regularly scheduled Town Board meeting. A public hearing shall be required to allow citizens to voice any objections to the granting of such a permit.
1) Pet Store Permit – No person or firm shall operate
or maintain a pet store in the Town of
2) Boarding Kennel Permit – No person or firm shall
operate or maintain a Boarding Kennel in the Town of
3) Commercial Kennel Permit – No person or firm shall
operate or maintain a Boarding Kennel in the Town of
4) General Kennel Permit – No person or firm shall
operate or maintain a general kennel in the Town of
5) Grooming Salon Permit – No person or firm shall
operate or maintain a grooming salon in the Town of
6) Multiple Licenses and/or Permits – Establishments operating a combination of two (2) or more of the licensed or permitted activities in the section shall obtain a license or permit for each type of business activity conducted on the premises.
Article 7 Penalties
Section 7-1 Penalties
Any person convicted of a violation of any of the provisions of this ordinance shall, for each offense, be punished by the forfeitures as set forth, together with the costs of prosecution and in default of payment of such forfeitures and costs, by license suspension or imprisonment in the county jail for Winnebago County for a term to be determined by the governing official.
1) General Penalty – Any person who violates any provision of this ordinance for which a specific penalty is not provided below shall forfeit to the Town of Rushford not less than twenty five dollars ($25.00) nor more than one thousand dollars ($1,000.00). Second offenses shall double the previous offense penalties.
2) A forfeiture of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for a violation of any of the following:
Sections: 3-2, 5-2
3) A forfeiture of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a violation of any of the following:
Sections: 4 -1, 4 -3, 4 -4, 4 -5, 4 -6, 4 -8, 5-4, 4-4
3) A forfeiture of not less than sixty five dollars ($65.00) nor more than five hundred dollars ($500.00) for a violation of any of the following:
Sections: 4 -2, 4 -7
3) A forfeiture of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for a violation of any of the following:
Sections: 6 -1
4) In addition
to the penalties provided herein, any license or permit issued under this
ordinance held by a person convicted of violation the provisions of this
ordinance shall be subject to revocation or suspension by the Town of
Section 7-2 Penalties – Juvenile
All penalties listed above apply to any person violating any portion of this ordinance who is not 18 years of age. All penalties will be assessed to the parent or legal guardian of the individual or group of individuals.