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CHAPTER 29 –ANIMALS

[Historical Note: At the July 28, 2020, Common Council meeting, the Council voted unanimously to relocate all currently existing ordinancesregulating animals within the City to one newly created Chapter, this Ch. 29, with the exception of ordinances that regulate animals withinparks (see Ch. 19). See Ordinance 2556 08/04/2020]

SUBCHAPTER I: General Provisions and Regulation29.01 Creation and Intent29.02 Definitions29.03 State Laws Adopted29.04 Sauk County Animal Shelter29.05 Appointment, Jurisdiction and Powers of Humane Officer29.06 Penalty29.07 Reserved29.08 Reserved

SUBCHAPTER II: Licenses and Permits29.09 Standard Requirements for Licenses and Permits29.10 Licensing of Dogs and Cats29.11 Number of Dogs and Cats per Household Limited; Special Exception Permit29.12 Number of Dogs and Cats per Household: Animal Rescue Permit29.13 Chicken Permit29.14 Vicious Animals; Permit29.15 Regulations and Licensing of Kennels29.16 Regulation and Licensing of Pet Stores29.17 Reserved29.18 Reserved

SUBCPATER III: Prohibited Acts29.19 Prohibited Keeping of Certain Reptiles, Insects, Crocodilians, Spiders, Wild Animals and Other Creatures29.20 Prohibited Keeping of Livestock and Poultry29.21 Animals not to be at Large29.22 Animal Waste Regulated29.23 Noisy Animals or Fowl Prohibited29.24 Duty to Report Animal Bite29.25 Unlawful to Free Confined or Restrained Animal29.26 Cruelty to Animals29.27 Worrying Parade Animals Prohibited29.28 Animals in Parks

SUBCHAPTER I:GENERAL PROVISIONSAND

REGULATIONS

29.01 CREATION AND INTENT. This Chapterwas adopted by the Common Council at its July28, 2020, regular meeting of the CommonCouncil by combining existing sections of theMunicipal Code located in Chapters 9, 10 and12. The intent of the Council in the creationof this Chapter is to centralize ordinances thatregulate or protect animals in the City ofBaraboo.

29.02 DEFINITIONS. In this Chapter, unless thecontext of subject matter otherwise requires,

the following words and terms used shall bedefined as follows:

(1) “Adult cat” means a cat over fivemonths of age.

(2) “Adult dog” means a dog over fivemonths of age.

(3) “Animal” means any live vertebrateor invertebrate creature, eitherdomestic or wild.

(4) “At Large.” This term shall bedefined as set forth in §29.21 of thisCode. (2092 09/10/02)

(5) “Confined” means restriction of ananimal at all times by the owner orhis/her agent to an escape-proofbuilding or other enclosure.

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(6) “Domestic animal” means any animalthat normally can be considered tameand converted to home life.

(7) “Head of the household” means theowner of the dwelling unit in whichthe household resides, unless (i) anadult residing in the household self-identifies to a law enforcementofficer or humane officer that he/sheis the head of the household or (ii) thelaw enforcement officer or humaneofficer has reasonable cause tobelieve another adult residing in thehousehold is the head of thehousehold.

(8) “Household” means one or morepersons residing in a single-familydwelling unit.

(9) “Humane Officer.” This term shall bedefined as set forth in §29.05 of thisCode.

(10) “Kennel” means any premise where aperson engages in the business, serviceor hobby of boarding or training ofdogs or cats.

(11) “Owner” Means any person owning,harboring, possessing, maintaining, orkeeping an animal or the head ofhousehold of any premises on whichanimal remains or to which itcustomarily returns daily for a period of10 consecutive days is presumed to beharboring or keeping the animal withinthe meaning of this section. An animalshall also be deemed to be harbored ifit is fed and sheltered for a period of 10consecutive days.

(12) “Restraint” or “Restrained” meanssecuring an animal by a leash which isof sufficient strength to completelyrestrain and control the animal and theleash is held by and under the activecontrol of a person of sufficient age andcompetency to govern the animal andto prevent it from annoying orworrying any other person or domesticanimal or from trespassing on privateproperty or trespassing on publicproperty where such animals areforbidden. (2092 09/10/02)

(13) “Shelter” means an enclosure to protectanimals from the elements and astructure that provides a clean, healthyliving environment.

(14) “Veterinarian” has the meaning asdefined in Wisconsin AdministrativeCode ATCP 13.

(15) “Vicious animal” shall mean:a. Any animal that, when

unprovoked, inflicts bites,injures, kills, damages, orattacks a human being ordomestic animal, and/or

b. Any animal that has on twoor more reported occasionswhen unprovoked, bitten,injured, killed, damaged, orattacked a human being onpublic or private property,and/or

c. Any animal that has apropensity, tendency, ordisposition, known to theowner thereof, to attack,without provocation, in amanner which may causedeath, injury, damage, orwhich may otherwiseendanger the safety of anyhuman being or domesticanimal, and/or

d. Any animal trained or usedfor fighting against anotheranimal.

Notwithstanding the abovedefinition, no animal may bedeclared vicious if:a. Death, injury, or damage is

sustained by a person who, atthe time such was sustained,was committing a criminaltrespass upon premisesoccupied by the owner of theanimal, or was teasing,tormenting, abusing, orassaulting the animal or wascommitting or attempting tocommit a crime or violatingor attempting to violate anordinance which protectsperson or property.

b. Death, injury, or damage wassustained by a domesticanimal which, at the time suchwas sustained, was teasing,tormenting, abusing, orassaulting the animal.

c. The animal was protectingor defending a human beingwithin the immediatevicinity of the animal froman unjustified attack orassault.

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d. The animal was acting whilebeing utilized by a lawenforcement agency for lawenforcement purposeswhile under the control anddirection of a lawenforcement officer.

29.03 STATE LAWS ADOPTED. Except asotherwise specifically provided for in thisChapter, the statutory provisions in Ch. 173, Wis.Stats., describing and defining regulations withrespect to animals and humane officers, and thestatutory provisions in §95.21, Wis. Stats.,describing and defining regulations with respectto rabies control, are hereby adopted by referenceand made a part of this Chapter as if fully set forthherein. Any act required to be performed orprohibited by any statute incorporated herein byreference is required or prohibited by this section.Any future amendments, revisions, ormodifications of the statutes incorporated hereinare intended to be made a part of this Chapter.(2082 04/15/2002)

29.04 SAUK COUNTY ANIMAL SHELTER.The Sauk County Animal Shelter shall be thedesignated site for the care, treatment, ordisposal of dogs, cats, and other animals takeninto custody by a humane officer or lawenforcement officer. If the Sauk CountyAnimal Shelter is unable to provide services,the animal will be taken to the mostappropriate care facility.

29.05 APPOINTMENT, JURISDICTION, ANDPOWERS OF HUMANE OFFICER. TheChief of Police shall be authorized to appoint oneor more humane officers pursuant to and subjectto §173.03(1), Wis. Stats. Each appointedhumane officer shall carry out his or her dutieswithin the boundaries of the City. In addition, thehumane officer appointed by the County of Saukshall have jurisdiction within the boundaries ofthe City as provided by Ch. 173, Wis. Stats. Ahumane officer shall have the powers and dutiesas set forth in §173.07, Wis. Stats. Pursuant to§173.03(2), Wis. Stats., the Chief of Police isdesignated as the official who may modify orwithdraw abatement orders issued under §173.11,Wis. Stats., by a humane officer.

29.06 PENALTY. Any person who shall violate anyprovision in Subchapter II or Subchapter III ofthis Chapter shall be subject to a penalty asprovided in §25.04 of this Code in addition to

any other penalty provided for in the respectiveordinance that was violated.

29.07 RESERVED.

29.08 RESERVED.

SUBCHAPTER II:LICENSES AND PERMITS

29.09 STANDARD REQUIREMENTS FORLICENSES AND PERMITS.

(1) GENERAL PROVISIONSINCORPORATED. All licenses andpermits issued under this Subchapter IIshall be governed by the provisions of§12.01 of this Code unless otherwiseindicated.

(2) FEE SCHEDULE. All licenses andpermits issued under this Subchapter IIshall have the respective fees required bythe City’s Official Fee Schedule, Chapter1, Subch. IV.

29.10 LICENSING OF DOGS AND CATS. (207201/22/2002)

(1) LICENSE REQUIRED. It shall beunlawful for any person in the City to own,harbor or keep any adult cat or adult dogwithout obtaining a license from the CityClerk and complying with the provisions ofthis Chapter, and without complying withthe provisions of §§ 174.05 through 174.09,Wis. Stats., relating to the licensing andtagging of dogs.

(2) LICENSE YEAR. The license year shallcommence on January 1 and end onDecember 31. Persons applying for a licenseduring the license year shall be required topay 50% of the fee stipulated in thissubsection if the dog or cat becomes fivemonths of age after July 1st of the licensingyear.

(3) LATE FEES. The City Clerk shall assessand collect a late fee as set forth in the City’sOfficial Fee Schedule from every owner ofan adult cat or adult dog if the owner failedto obtain a license prior to April l of eachyear or within thirty (30) days of acquiringownership of a licensable cat or dog, or ifthe owner failed to obtain a license beforethe cat or dog reached a licensable age.

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(4) RABIES VACCINATION REQUIRED. Itshall be unlawful for any person to keep anadult dog in the City which has not received arabies vaccination as required by §95.21, Wis.Stats., or to keep an adult cat in the City whichhas not received a rabies vaccination. Nolicense shall be issued until a certificate ofrabies vaccination issued by a veterinarian hasbeen presented to the City Clerk or designee.A rabies vaccination tag shall be attached tothe collar of all licensed dogs and cats at alltimes, except as provided in §95.21, Wis. Stat

(5) UNTAGGED DOGS AND CATS.Untagged adult dogs and cats are prohibited.An adult dog or adult cat is considered to be“untagged” if a rabies vaccination tag or City-issued license tag is not attached to a collarwhich is kept on the dog or cat wheneverthe dog or cat is outdoors unless the dog orcat is confined.

29.11 NUMBER OF DOGS AND CATS PERHOUSEHOLD LIMITED; SPECIALEXCEPTION PERMIT.

(1) DOG AND CAT LIMITS. Except asotherwise permitted by this Chapter, noperson shall own, harbor or keep more thantwo adult dogs and two adult cats in ahousehold. If more than two adult dogs andtwo adult cats are owned, harbored or keptin or by any one household, the head of thehousehold shall be deemed the person soowning, harboring or keeping such animals,notwithstanding that the dog or cat licenseor licenses may be issued to other membersof the household as owners of such animals.

(2) SPECIAL EXCEPTION PERMIT. TheCommon Council shall be authorized togrant a Special Exception Permit to allow agreater number of adult dogs and/or adultcats for a specific household provided thefollowing conditions are satisfied:

a. Permit Request.i. The head of household

must submit a requestfor a Special ExceptionPermit in writing to theCity Clerk, who, uponreceipt, shall schedulethe request to beconsidered at the nextregularly scheduledAdministrative

Committee meetingwhere the noticerequirements describedin sub. ii, below, can betimely made.

ii. Upon receiving therequest, the City Clerk ordesignee shall attempt tonotify the owners ofproperty immediatelyadjacent to therequestor’s propertyregarding the request.This attempt shall bemade by regular mail tobe posted at least 10calendar days prior tothe date of theAdministrativeCommittee meeting atwhich the applicationwill be heard.

b. Administrative CommitteeReview. Before the Councilconsiders a request for a SpecialException Permit, the requestshall be reviewed by theAdministrative Committee. If theAdministrative Committee findsthat the Permit should not beissued based on the factors listedin Subs. (c) i-vii, below, thisdetermination shall be final andshall constitute a formal denial ofthe request. If the AdministrativeCommittee finds that the Permitshould be granted, or granted withconditions in addition to thoselisted in Par. (3), below, thisdetermination shall be deemed arecommendation only and thefinal determination shall be madeby the Council.

c. Common Council Authorization.Upon a recommendation from theAdministrative Committee togrant a Special Exemption Permit,or to grant a Special ExemptionPermit with conditions in additionto those listed in Par. (3), below theCouncil shall make the finaldetermination based on thefollowing factors: (188510/08/96, 2448 09/13/16)

i. Whether the need forthe additional animal isbased on a change in

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householdcircumstances. Anexisting householdacquiring a new animalshall not be considereda change in householdcircumstances if thatwas the only change tothe household.

ii. Whether the excessanimal is an ADAservice animal, asdefined by 28 CFR §35.104.

iii. How and when theexcess animal wasacquired by thehousehold and whetherthe animal was acquiredwith knowledge of thelimited number of suchanimals permitted by thisordinance.

iv. The care and treatmentof all animals in thehousehold.

v. Whether any resident ofthe household has aconviction involving orrelated to animal crueltyor abuse, including aviolation of §29.27 of thisCode.

vi. Relevant testimony ofany property ownernotified pursuant toSubs. (a) ii, above.

vii. Whether the applicantis delinquent in thepayment of any taxes,assessments or otherclaims owed to theCity.

(3) PERMIT CONDITIONS. The followingconditions shall apply to all SpecialException Permits:

a. No more than a total of fiveanimals (adult dogs and adultcats combined) shall be owned,harbored or kept by onehousehold, except that theCouncil may allow additionalanimals based upon a finding bythe Council that the animals areADA service animals, as definedby 28 CFR § 35.104, and that all

other conditions of this ordinanceare met.

b. Only one Special ExceptionPermit shall be allowed perhousehold so that in no case shalla household have more than 3adult dogs or 3 adult cats, exceptthat the Council may allowexcess animals based upon afinding by the Council that theanimals are ADA service animals,as defined by 28 CFR § 35.104,and that all other conditions of thisordinance are met.

c. Each permitted animal must beneutered or spayed.

d. Each permitted animal must beraised in a safe, sanitary andhealthful environment and shall beproperly fed and groomed at alltimes and all animal waste shall bedisposed of in a safe and sanitarymanner.

e. If a permitted animal dies, it shallnot be replaced with anotheranimal.

f. Each permitted animal must bekept or harbored inside theresidence.

g. The owner of the householdwhere such animals are harboredor kept must give his/her writtenconsent to the granting of anexception under this subsection.

h. Each permitted animal must beproperly registered with the Cityand all license fees paid.

i. Any additional conditions theCouncil deems necessary forpublic health, safety and generalwelfare.

(4) INSPECTIONS. Law enforcement officersand humane officers shall be authorized toinspect the household with reasonablenotice to the owner or occupants thereof forcompliance with the conditions establishedby the Council.

(5) PERMIT TERM. A Special ExceptionPermit shall be valid until the permittedanimal dies or is no longer kept in thehousehold.

(6) STAY OF ENFORCEMENT. A person inviolation of Par. (1), above, but who hassubmitted a request for a Special Exception

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Permit to the City Clerk and is waiting thefinal decision on the request shall not besubject to penalty under this Chapter duringthe time in which the request has beensubmitted and the final decision has beenmade.

(7) PERMIT REVOCATION. A single violationof any of the conditions contained in thisordinance, or any other condition ordered bythe Council, or any applicable conditioncontained in §12.01 of the Code, shall besufficient grounds for revocation of the SpecialException Permit by the Common Council.For purposes of this section, a “violation”need not have resulted in a conviction solong as a law enforcement officer or humaneofficer is able to reasonably articulate andprovide clear and convincing evidence, ofwhich testimony may suffice, of saidviolation.

29.12 NUMBER OF DOGS AND CATS PERHOUSEHOLD; ANIMAL RESCUELICENSE. (2370 01/10/2012 [created])

(1) DEFINITIONS. As used in this section,a. “Animal rescue household”

means a single-family residenceworking in conjunction with abona fide animal rescueorganization to temporarilyboard dogs or cats until a newhome can be found for theanimal.

b. “Bona fide animal rescueorganization” is an organizationdedicated to the adoption ofsurrendered, abandoned,homeless, or otherwiseownerless dogs and/or cats, andwhich:

i. Has been in existenceas an organization for aminimum of two years;

ii. Does not allow animalsin the organization’scare to be mated orbred;

iii. Requires that animalslive indoors in anenvironment suitablefor socializing withhumans;

iv. Requires that animalshave up-to-datevaccinations;

v. Requires a personalvisit to the home ofpotential clients oftheir animals; and

vi. Is a member of theAlliance of WisconsinAnimal RehomingEfforts.

(2) ANIMAL RESCUE HOUSEHOLD;PERMITTED ANIMALS. A licensedanimal rescue household shall be allowedtwo additional adult dogs or twoadditional adult cats in the household. Theadditional animals shall not be viciousanimals as defined by this Chapter.

(3) LICENSE REQUIRED. An AnimalRescue Household License shall be issuedby the City Clerk to the head of thehousehold of an animal rescue householdthat meets the following requirements:

a. The applicant provides a letter ofrecommendation with theapplication for the license from aveterinarian supporting thehousehold for animal rescueoperations.

b. The applicant provides evidencethat the animal rescueorganization the applicant isassociated with is a bona fideanimal rescue organization asdefined in this ordinance.

c. All other dogs and cats in thehousehold are licensed.

d. The applicant cannot have anyconvictions for animal abuse,animal neglect or animal cruelty.

e. The applicant is not delinquentin the payment of any taxes,assessments or other claimsowed to the City.

(4) LICENSE CONDITIONS. Thefollowing conditions shall apply to allAnimal Rescue Licenses:

a. No more than a total of eightanimals (four adult dogs andfour adult cats combined) shallbe owned, harbored or kept byone household.

b. Only one Animal Rescue Licenseshall be allowed per household.

c. Each animal kept on the premisesmust be raised in a safe, sanitaryand healthful environment and

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shall be properly fed and groomedat all times and all animal wasteshall be disposed of in a safe andsanitary manner.

d. The owner of the householdwhere such animals are harboredor kept must give his/her writtenconsent to the granting of anexception under this subsection.

e. If the license holder becomesunaffiliated with the bona fideanimal rescue organization listedon the application, the licenseholder must immediately notifythe City Clerk and provide thename of the new bona fideanimal rescue organization thelicense holder is affiliated with.

(5) LICENSE TERM. All licenses shall expireon June 30 of every odd numbered year.

(6) INSPECTIONS. Law enforcement officersand humane officers shall be authorized toinspect the household with reasonablenotice to the owner or occupants thereof forcompliance with the license conditions.

(7) LICENSE REVOCATION. A singleviolation of any of the conditions contained inthis ordinance, or any applicable conditioncontained in §12.01 of the Code, shall besufficient grounds for revocation of the AnimalRescue License by the Common Council. Forpurposes of this section, a “violation” need nothave resulted in a conviction so long as a lawenforcement officer or humane officer is ableto reasonably articulate and provide clear andconvincing evidence, of which testimony maysuffice, of said violation.

29.13 CHICKEN PERMIT. (1854 02/17/96, 231207/28/09)

(1) PERMIT REQUIRED.a. Chickens may be raised in the R-1,

R-1A, R-2, R-3, and MH-SResidential Zoning Districtsprovided the owner of thepremises has been issued a permitby the City Clerk. (2458 08/27/17,2515 03/12/19)

b. Upon receipt of a completedpermit application, other than arenewal application pursuant toPar. (3), below, the City Clerk shallnotify by regular mail all property

owners contiguous with the parcelproposed for the chicken coop.These property owners shall have10 business days from the date ofthe letter to file with the City Clerka written objection, signed by theobjector, to the permit beingissued.

c. If an objection is received, the CityClerk shall place the permitapplication on the next regularlyscheduled AdministrativeCommittee meeting agenda, wherethe objection will either be readinto the record or the objector willhave an opportunity to be heard onthe objection. The AdministrativeCommittee shall approve thepermit application so long as thefollowing are satisfied:

i. The basis for theobjection is notreasonable, is notrelevant to the factspresented, and/or thebenefit to the applicantoutweighs the reasonsfor the objection madeby the objector.

ii. The applicant does nothave a history of non-compliance with thisordinance, or, if there isa history of non-compliance, theapplicant has providedsufficient proof thatsuch non-compliancewill not continue.

iii. The coop and run havebeen inspected by thehumane officer ordesignee to ensure thatthey are adequate andin compliance with therequirements thisordinance.

iv. The applicant has noprior convictions foranimal cruelty orrelated offenses.

v. The applicant is notdelinquent in thepayment of any taxes,assessments or otherclaims owed to theCity, including a

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forfeiture resultingfrom a violation of anyordinance of the City.

d. If no objection is received, the CityClerk shall issue the permit so longas the following are satisfied:

i. The applicant does nothave a history of non-compliance with thisordinance or, if there isa history of non-compliance, theapplicant has providedsufficient proof thatsuch non-compliancewill not continue.

ii. The coop and run havebeen inspected by theCity Humane officer ordesignee to ensure thatthey are adequate andin accordance with therequirements of thisordinance.

iii. The applicant has noprior convictions foranimal cruelty orsimilar offenses.

iv. The applicant is notdelinquent in thepayment of any taxes,assessments or otherclaims owed to theCity, including aforfeiture resultingfrom a violation of anyOrdinance of the City.

(2) PARCEL, COOP AND RUNREQUIREMENTS.

a. Chicken coops and runs shallnot be located closer than 10 feetto any lot line and may not belocated closer to a neighboringresidence than to the residencelocated upon the coop’s parcel.

b. The lot upon which the chickensare raised shall have a minimumwidth of fifty feet, and containonly a single-family dwelling. Inaddition, all contiguousproperties to the lot upon whichthe chickens are raised shallcontain only a single-family ortwo-family dwelling.

c. A zero lot line duplex is notqualified to have chickens.

d. The chickens shall be providedwith a covered coop with notless than two nor more than foursquare feet of area per chicken.

e. The coop shall be constructed ofsturdy, predator-proof materialand shall provide adequate shadefrom the sun and warmth in coldweather. The floor of the coopshall be covered with wood orcedar chips and be regularlycleaned and otherwisemaintained.

f. The coop may be built as part ofa yard shed or garage, but cannotbe placed on top of a building.

g. Chickens shall be provided witha run attached to or surroundingthe coop. The run shall be madeof strong, predator-proof wirefencing. To prevent chickensfrom flying out of the run,fencing shall be of sufficientheight, be covered, or thechickens shall have their wingsclipped.

h. Chickens shall be kept in thecovered coop or in the fencedrun at all times.

(3) CHICKEN CARE REQUREMENTS.a. Chickens shall not be allowed

inside of a residence.b. Chickens may only be raised on

the property of the owner, or if atenant, with the written consentof the owner.

c. Roosters and crowing cockerelsshall not be kept.

d. No more than six chickens maybe maintained on any parcel.

e. The slaughtering of chickens inthe Residential Zoning Districtsis prohibited.

f. The standards and requirementsof § 29.27 of this Code shallfully apply to the keeping ofchickens.

(4) PERMIT TERM. All permits shall expire onJune 30 of every odd numbered year.

(5) PERMIT RENEWAL. Current permitholders may apply for a renewal license nosooner than three months prior to the permitexpiration date and no later than five daysprior to the expiration date. Prior to the

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issuance of a renewal permit, the humaneofficer or designee shall inspect the coop andrun to ensure continued compliance withthis code; failure to be in compliance withthis code at the time of inspection shall resultin the renewal license not being issued andthe permit holder needing to apply for a newlicense.

(6) REVOCATION. In the event a permitholder accumulates three violations of thisordinance within any 12-month period, orfive violations within any 36-month period,or if the permit holder is convicted of anoffense under Ch. 951, Wis. Stats., or anycomparable statute in another jurisdiction,the permit shall be revoked 10 business daysafter the service of a Notice of Revocationon the permit holder by the City Clerk.Notice of Revocation is deemed servedupon the day of mailing if sent by certifiedmail to the permit holder at the address aslisted upon the application for the permit. If,during those 10 business days the permitholder files a request for an appeal with theCity Clerk, the revocation will be stayedpending the outcome of the appeal. TheAdministrative Committee shall hear theappeal at their next regularly scheduledmeeting and make a final determination onthe revocation based on whether there arevalidated complaint(s) investigated by theBaraboo Police Department.

(7) REAPPLICATION. The denial, non-renewal or revocation of a permit shall notpreclude an applicant from reapplying for apermit at any time in the future.

(8) NON-TRANSFERRABLE. Permits arenon-transferrable from person to person orplace to place. In the event a permit holdermoves, the permit holder must notify theCity Clerk within 10 calendar days of saidmove and the permit shall be revoked by theCity Clerk.

29.14 VICIOUS ANIMALS; LICENSE.

(1) VICIOUS ANIMALS PROHIBITED.No person shall own, possess, harbor,keep, maintain, sell or transfer a viciousanimal contrary to the terms of thissection. (2092 09/10/02)

(2) VICIOUS ANIMAL LICENSE. Anyperson who may own, possess, harbor, keep,

or maintain a vicious animal shall do so onlyafter first having obtained a Vicious AnimalLicense approved by the Chief of Police ordesignee and issued by the City Clerk. AVicious Animal License will be issuedsubject to proof of the following:

a. A liability insurance policy writtenby an insurance company licensedto do business in the State ofWisconsin, covering death andpersonal injury, in the amount of atleast three hundred thousanddollars ($300,000) and propertydamage in the amount of at leastfifty thousand dollars ($50,000).The policy shall provide notice tothe City Clerk thirty (30) days inadvance of any material changetherein and of its termination ornon-renewal.

b. Current vaccination for rabies.c. Current animal license.d. Neutering or spaying.e. Permanently marking the animal a

subcutaneous microchip andproviding the identificationinformation on the application forlicense. (2279 04/22/08)

f. The applicant cannot have anyconvictions for animal abuse,animal neglect or animal cruelty.

g. The applicant is not delinquent inthe payment of any taxes,assessments or other claims owedto the City.

(3) CONDITIONS OF LICENSE. A licenseissued pursuant to this ordinance isconditioned upon the following:

a. Continued compliance with Par.(2), above.

b. The posting of signs no smallerthan twenty-four inches (24”) insize on each of four sides, made ofmetal or plastic, fluorescent yellowin color, bearing the wording,‘WARNING VICIOUSANIMAL,” in English print, nosmaller than three inches (3”)high and also bearing the licensenumber of each vicious animal nosmaller than one inch (1”) high,which signs shall be posted at eachentrance to the building in whichthe vicious animal is kept and ateach entrance through a fence, andat such location as is viewable

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from the public sidewalk, if any, inthe vicinity of any walk or driveapproaching any entrance to thebuilding in which the viciousanimal is kept.

c. The animal, while off the premiseswhere kept, shall be muzzled witha no-bite type muzzle, restrainedas to movement by a choke-typecollar or harness and leash securedby and under the direct controland supervision of a mentallycompetent adult.

d. The animal, while on the premiseswhere kept, shall be placed withina secured building, or within asecured fence of sufficient heightand construction to maintain theanimal within, which fence shall beinspected and approved by thePolice Department.

e. If the animal dies from any causeor means, or if the animal isrelocated outside of the City forany reason, the owner shallimmediately inform the City Clerkand the license shall be revoked.

f. If the animal is relocated outsideof the City, the owner of theanimal consents to the Chief ofPolice or designee informing theChief of Police or comparablytitled employee of the municipalitywhere the animal relocates that theanimal was licensed as a viciousanimal by the City; however, underno circumstances is the Chief ofPolice or any other employee oragent of the City obligated toprovide said notice.

(4) SELLING OR TRANSFERING AVICIOUS ANIMAL. If a vicious animalis sold or if ownership is transferred, theowner must:

a. Notify the person to whom thevicious animal is being sold ortransferred of the fact that such isa vicious animal and of anyrequirements imposed upon theselling or transferring party by thisOrdinance.

b. Notify the City Clerk in writingat least five (5) business days inadvance of the sale or transfer.

c. The owner consents to the Chiefof Police or designee informing

the new owner that the animal is avicious animal and subject to theterms of this ordinance; however,under no circumstances is theChief of Police or any otheremployee or agent of the Cityobligated to provide said notice.

(5) LICENSE TERM. A Vicious Animal Licenseshall be valid until the licensed animal dies,moves out of the City or is no longer kept orowned by the license holder.

(6) VIOLATIONS OF THIS ORDINANCE.a. A vicious animal which is owned,

possessed, harbored, kept, ormaintained in violation of thisordinance, or which commits anyacts listed under §29.02(15)(a) i-ivafter obtaining a Vicious AnimalLicense, may be impounded ordestroyed by the City, or its agents, atthe expense of the owner of theanimal.

b. Prior to impounding or destroyingan animal pursuant to this section,the Chief of Police or designee shallsend a notice to the owner of theanimal at least 10 calendar daysprior to the date the animal will beimpounded or destroyed; however,nothing shall prevent theimmediate impounding of ananimal if the Chief of Police ordesignee determines impoundmentis necessary for the preservation ofpublic health, safety or welfare, orif the animal must be impoundedunder other provisions of this Codeor State law.

c. If an objection to impounding ordestroying the animal is received bythe Chief of Police from the ownerof the animal prior to the date theimpounding or destroying is tooccur, or within five days of thedate the animal was immediatelyimpounded per subs. b, above, theChief of Police shall cause theobjection to be heard at the nextPublic Safety Committee meeting.The objection shall be read into therecord or the owner may be heard onthe objection. The Public SafetyCommittee shall consider:

i. The public health, safetyand welfare of the public,

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the animal and otheranimals,

ii. Whether the owner hasabided by this ordinanceand/or will continue toabide by this ordinance,

iii. Whether the owner hasabided by the generallicensing provisions of thisCode,

iv. The circumstancessurrounding the ofaggression displayed by theanimal,

v. Whether additionalconditions placed on thekeeping of the animalwould prevent the animalfrom committingadditional acts ofaggression,

vi. Whether the animal can besafely relocated to anowner or facility outside ofthe City, and

vii. Any other relevant factors.d. After the hearing by the Public Safety

Committee, the Committee may takeaction including, but not limited to,ordering the destruction of theanimal, allowing the owner of theanimal to obtain a Vicious AnimalLicense with additional conditions, orallowing the rehoming of the animaloutside City limits.

e. Any person aggrieved by the decisionof the Public Safety Committee mayappeal such decision to the CommonCouncil by filing a written notice ofappeal with the City Clerk within five(5) business days of the decision bythe Committee. The vicious animalshall be impounded, but notdestroyed, until the appeal time hasexpired and until any timely filedappeal has been heard. The City mayrequire the appealing party to post abond in an amount sufficient tosatisfy the cost of holding the animalduring the appeal period.

f. A person found to be in violation ofthis ordinance shall, in addition to thepenalties provided in §25.04 of thisCode, forfeit the prohibited animal tothe humane officer or police officerfor such destruction or disposition asdeemed proper. If it is determined

that the animal has been owned,possessed, harbored, kept, ormaintained in violation of thissection, the costs incurred by the Cityfor impounding and/or destroyingthe animal shall be paid by theviolator.

g.. For purposes of this section, a“violation” need not have resultedin a conviction so long as a lawenforcement officer or humaneofficer is able to reasonablyarticulate and provide clear andconvincing evidence, of whichtestimony may suffice, of saidviolation.

h. The City elects not to be bound byCh. 68, Wis. Stats., with respect to theadministrative procedure under thissection. (2092 09/10/02)

(7) ENFORCEMENT. Any law enforcementofficer or humane officer shall have theauthority to enforce the provisions of thisordinance, including, but not limited to,seizing any animal that the officer reasonablybelieves is being possessed, harbored,owned, kept, or maintained in violation ofthis ordinance. Any such animal seizedpursuant to this section shall be held in theSauk County Animal Shelter, or in suchother facility deemed appropriate by theimpounding officer.

(8) EXCEPTION. The prohibitions of thisordinance shall not apply where the animal is inthe care, custody, or control of: a veterinarianfor treatment or a Department of NaturalResources Licensed Animal RehabilitationFacility provided the location conforms to theprovisions of the zoning ordinance of the Cityand:

a. The animals and animal quarters arekept in a clean and sanitary conditionand so maintained as to eliminateobjectionable odors;

b. The animal are maintained inquarters so constructed as to preventtheir escape.

29.15 REGULATION AND LICENSING OFKENNELS. (1923 11/11/97)

(1) LICENSE REQUIRED. No person shalloperate a kennel unless the person holds avalid Kennel License issued by the CityClerk.

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(2) CONDITIONS OF LICENSE. The CityClerk shall issue a Kennel License subjectto the following conditions:

a. No kennel may be located in aresidential district and eachkennel location shall be subjectto applicable zoning and otherCity conditions and regulations.

b. Animals kept at the kennel mustbe properly cared for at all timesand cannot pose a health problemwithin the property or a nuisancewithin the neighborhood.

c. All adult dogs and adult cats at thekennel shall have a valid licenseissued pursuant to § 29.10 of thisCode, or a valid rabies tag,attached to the animal’s collar atall times unless the animal issecurely confined.

d. The applicant cannot have anyconvictions for animal abuse,animal neglect or animal cruelty.

d. Prior to the issuance of a license,an inspection of the property bythe humane officer shall berequired and shall be the City'sbasis for determining whether therequirements of this section aremet. Any applicant seeking aKennel License shall further agreein writing to make their propertyavailable for inspections by thehumane officer on an annualbasis, and upon evidence or acomplaint that the requirementsof this section have not beenmaintained, as a condition ofmaintaining their Kennel License.

(3) LICENSE TERM. All licenses shallexpire on June 30 of every odd numberedyear.

(4) REVOCATION OF LICENSE.a. If a license holder or kennel has

two violations of this ordinancewithin any 12-month period, orfive violations within any 36-month period, or if the licenseholder violates any animal abuse,animal neglect or animal crueltylaw, the City Clerk shall revokethe license 10 business days afterthe service of a Notice ofRevocation on the license holderby the City Clerk.

b. The Notice of Revocation shallbe deemed served on the day ofmailing when sent by certifiedmail or if personally served.Service shall be made to thelicensee at the address providedby the license holder on thelicense application.

c. The license holder may appeal ofthe revocation by providing theCity Clerk a notice of appeal onor before the date of revocation;the revocation shall be stayedpending the outcome of theappeal.

d. The Administrative Committeeshall hear the appeal at their nextregularly scheduled meeting, ormay call a special meeting, andmake a final determination onthe revocation based on whetherthere are clear and convincingviolations of this ordinanceand/or convictions as requiredherein.

d. For purposes of this section, a“violation” need not haveresulted in a conviction so longas a law enforcement officer orhumane officer is able toreasonably articulate and provideclear and convincing evidence,of which testimony may suffice,of said violation.

(5) DENIALS AND NON-RENEWALS.The denial or revocation of a license shallnot preclude an applicant from applyingfor a license at any time in the future,although no applicant may apply morethan twice during any 12-month period.

29.16 REGULATION AND LICENSING OFPET STORES. (2526 07/23/19)

(1) DEFINITIONS. As used in this Section,the following words and phrases shallhave the following meanings:

a. “Bait shop” means any placekept or maintained where theonly animals bought, sold,exchanged or offered for sale areanimals commonly used as fishbait, including, but not limitedto, worms, baitfish, crickets,snails and leeches.

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b. “Person” has the meaning foundin §25.01(3), City Code.

c. “Pet store” includes every placekept or maintained where anydog, cat, rabbit, rodent, insect,reptile or bird is bought, sold,exchanged, or offered for sale tothe public, unless the activityoccurs less than 30 days,consecutive or non-consecutive,out of any 365-day period.Excluded from this definitionare bait shops and places thatbuy, sell, exchange or offer forsale fish. Pet stores are allowedonly in the following zoningdistricts: B-3 Highway-OrientedBusiness and I-4 PlannedIndustrial/Business Districts.

d. “USDA” means the UnitedStates Department ofAgriculture.

(2) LICENSE REQUIRED.a. No person shall operate a pet

store unless the person holds avalid Pet Store License issued bythe City Clerk.

b. New and renewal licenseapplications shall be reviewed bythe City Clerk, Chief of Police,humane officer and City ZoningAdministrator or their respectivedesignees. Applications will bedenied by the City Clerk for thefollowing reasons:

i. The location of the petstore is not within apermitted zoningdistrict,

ii. The applicant has aconviction for animalabuse, neglect orcruelty, or for anoffense under Ch. 951,Wis. Stat., or anycomparable state orfederal law,

iii. The City Humaneofficer is not permittedby the applicant toinspect the premises toensure compliancewith this ordinance,and/or

iv. The City Humaneofficer finds that the

premises is not inconformity with thisordinance.

(3) LICENSE TERM. All licenses shallexpire on June 30 of every odd numberedyear. License holders may apply for arenewal license no sooner than threemonths prior to the license expiration dateand no later than five days prior to thelicense expiration date

(4) CONDITIONS OF LICENSE.a. Pet stores are prohibited from

buying, selling, exchanging oroffering for sale, adoption or giftany animal other than dogs, cats,rabbits, rodents, insects, reptiles,birds and fish, and are furtherprohibited owning, keeping,maintaining, harboring or havingpossession or control of anyprohibited animal as per §29.14of this Code

b. Pet stores shall be operated inaccordance with the anti-crueltyrequirements set forth in §29.26of this Code, and shall at alltimes be maintained in a cleanand sanitary manner includingthe animals having at all timesadequate food, water, bedding,light and ventilation.

c. Every person keeping ormaintaining a pet store shall doso entirely within an enclosedbuilding and shall not keep ormaintain any outside kennelservice.

d. All animals shall be displayed ina healthy condition or, if ill,removed from display and givenappropriate treatment.

e. Pet stores shall ensure that alldogs and cats they obtain arefrom dealers properly licensedby the USDA, when applicable,and must keep a copy of thedealer’s federal identificationnumber for a minimum of twoyears after the pet store receivesthe dog or cat.

f. Pet stores shall deliver in writingto the recipient of a dog or cat atthe time of the exchange thefollowing information:

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i. The breeder’s nameand address and, if theperson is a dealerlicensed by the USDA,the dealer’s name,address and federaldealer identificationnumber.

ii. The date of the dog orcat’s birth and the datethe pet store receivedthe dog or cat.

iii. The breed, sex, colorand identifying marksof the dog or cat.

iv. A record of eachinoculation andworming treatmentadministered, if any, tothe dog or cat,including the date ofadministration and thetype of vaccine orworming treatment.

v. A record ofveterinarian treatmentor medication receivedby the dog or cat whilein the possession of thepet store.

vi. A document signed bya veterinarian licensedin the State ofWisconsin stating (a)that the dog or cat hasno known disease orillness, and that the dogor cat has no knowncongenital orhereditary conditionthat adversely affectsthe health of the dog orcat at the time of theexchange or that islikely to adverselyaffect the health of thedog or cat in the future;or (b) describing anyknown disease, illness,or congenital orhereditary conditionthat adversely affectsthe health of the dog orcat, or that is likely toadversely affect thehealth of the dog or catin the future.

g. Pet stores shall retain a copy ofall records required by thissection for a period not less thantwo years after the sale orexchange of a live animal andshall make the copy available forinspection by a humane officeror law enforcement officerduring business hours.

h. Every person keeping,maintaining or working in or fora pet store is prohibited fromselling, exchanging or offeringfor sale, adoption or as a gift anyanimal to any person if theperson reasonably believes thatthe animal will be used for anyunlawful purpose including, butnot limited to, dog fighting.

(5) REVOCATION OF LICENSE.a. If a license holder or pet store

has two violations of thisordinance within any 12-monthperiod, or five violations withinany 36-month period, or if thelicense holder violates anyanimal abuse, neglect or crueltylaw, the City Clerk shall revokethe license 10 business days afterthe service of a Notice ofRevocation on the license holderby the City Clerk.

b. The Notice of Revocation shallbe deemed served on the day ofmailing when sent by certifiedmail or if personally served.Service shall be made to thelicensee at the address providedby the license holder on thelicense application.

c. The license holder may appeal ofthe revocation by providing theCity Clerk a notice of appeal onor before the date of revocation;the revocation shall be stayedpending the outcome of theappeal.

d. The Administrative Committeeshall hear the appeal at their nextregularly scheduled meeting, ormay call a special meeting, andmake a final determination onthe revocation based on whetherthere are clear and convincingviolations of this ordinance

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and/or convictions as requiredherein.

e. For purposes of this section, a“violation” need not haveresulted in a conviction so longas a law enforcement officer orhumane officer is able toreasonably articulate and provideclear and convincing evidence,of which testimony may suffice,of said violation.

(6) DENIALS AND NON-RENEWALS.The denial or revocation of a license shallnot preclude an applicant from applyingfor a license at any time in the future,although no applicant may apply morethan twice during any 12-month period.

29.17 RESERVED.

29.18 RESERVED.

SUBCHAPTER III:REGULATED AND PROHIBITED ACTS

29.19 PROHIBITED KEEPING OF CERTAINREPTILES, INSECTS, CROCODILIANS,SPIDERS, WILD ANIMALS, AND OTHERCREATURES. (2079 07/23/02)

(1) PROHIBITED ANIMALS. AfterNovember 1, 2002, no person shall own,keep, maintain, harbor or have in his or herpossession or under his or her controlwithin the City any poisonous or venomousreptile, insect, snake, crocodilian, spider orany other dangerous or carnivorous wildanimal or reptile, any vicious or dangerousdomesticated animal or any other animal orreptile of wild, vicious, or dangerouspropensities, including, but not limited toany of the following animals, reptiles,crocodilians, insects, spiders, or creatures:

a. All poisonous or venomousanimals and reptiles includingsnakes

b. Apes: Chimpanzees (Pan);Gibbons (Hylobates); Gorillas(Gorilla); Orangutans (Pongo);and Siamangs (Symphalangus)

c. Baboons (Papoi, Mandrillus)d. Bears (Ursidae)

e. Bison (Bison)

f. Cheetahs (Acinonyx jubatus)g. Crocodilians (Crocodilia)

h. Constrictor snakes three feet ormore in length, except a ballpython snake up to four feet inlength shall be allowed or a boaconstrictor snake up to eight feetin length shall be allowed; snakesnot indigenous to Wisconsin,and any other snake exceedingthree feet in length

i. Coyotes (Canis latrans)j. Deer (Cervidae); includes all members

of the deer family, for example, white-tailed deer, elk, antelope, and moose;Elephants (Elephas and Loxodonta)

k. Game cocks and other fightingbirds

l. Hippopotami (Hippopotamidae)m. Hyenas (Hyaenidae)n. Jaguars (Panthera onca)o. Leopards (Panthera pardus)p. Lions (Panthera leo)q. Lynxes (Lynx)r. Monkeys, old world

(Ceropithecidae)s. Ostriches (Struthio)t. Piranha fish (Characidae)

exceeding 6 inches in lengthu. Pumas (Felis concolor); also

known as cougars, mountainlions and panthers

v. Rhinoceroses (Rhinocero tidae)w. Sharks (class Chondrichthyes)

exceeding 6 inches in lengthx. Tigers Panthera tigrisy. Wolves (Canis lupus)z. Wolf-dog hybridsaa. Raccoon, skunk, fox, opossum,

woodchuck, otter, beaver, deeror any other warm-bloodedanimal that can normally befound in the wild state.

bb. Poisonous or venomous bitinginsects

cc. Poisonous tarantula andpoisonous or venomous bitingspiders

(2) VIOLATIONS.a. Any animal, reptile, insect,

crocodilian, snake, spider, wildanimal, or other creature owned,possessed, harbored, kept, ormaintained in violation of this

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ordinance may be impounded anddestroyed by the City, or its agents,at the expense of the violator,following notice and anopportunity to be heard by thePublic Safety Committee.

b. Prior to impounding or destroying ananimal pursuant to this section, theChief of Police shall send a notice tothe owner of the animal at least 10calendar days prior to the date theanimal will be impounded ordestroyed; however, nothing shallprevent the immediate impoundingof an animal if the Chief of Policedetermines impoundment isnecessary for the preservation ofanimal or public health, safety orwelfare, or if the animal has beenimpounded under other provisionsof this Code or State law.

c. If an objection to impounding ordestroying the animal is received bythe Chief of Police from the owner ofthe animal prior to the date theimpounding or destroying is to occur,the Chief of Police shall cause theobjection to be heard at the nextPublic Safety Committee. Theobjection shall be read into therecord or the owner may be heard onthe objection. The Public SafetyCommittee shall consider:

i. Whether the animal isprohibited under thisordinance,

ii. Whether the animal can besafely relocated to a personor facility that can legallyand safely keep or harborthe animal.

iii. Any other relevant factors.d. After the hearing by the Public Safety

Committee, the Committee may takeaction including, but not limited to,ordering the destruction of theanimal or allowing the relocation ofthe animal outside City limits.

e. Any person aggrieved by the decisionof the Public Safety Committee mayappeal such decision to the CommonCouncil by filing a written notice ofappeal with the City Clerk within fivebusiness days of the decision by theCommittee. The animal shall beimpounded, but not destroyed, untilthe appeal time has expired and until

any timely filed appeal has beenheard. The City may require theappealing party to post a bond in anamount sufficient to satisfy the costof holding the animal during theappeal period.

f. If it is determined that the animal hasbeen owned, possessed, harbored,kept, or maintained in violation ofthis section, the costs incurred by theCity for impounding and holding theanimal shall be paid by the violator.

g. Anyone found to be in violation ofthis section shall, in addition to thepenalties provided in §25.04 of thisCode, forfeit the prohibited animal tothe humane officer for destruction ordisposition as deemed proper. Priorto such forfeiture, the humane officeror the Sauk County Health Officermay direct a transfer of the animal toa qualified zoological, educational, orscientific institution or qualifiedprivate propagator for safe keeping,with the cost thereof being assessedand paid by the violator.

h. The City elects not to be bound byCh. 68, Wisconsin Statutes, withrespect to administrative procedureunder this section.

(3) ENFORCEMENT. Any law enforcementofficer or humane officer shall have theauthority to enforce the provisions of thisordinance, including, but not limited to,seizing any animal that the officer reasonablybelieves is being possessed, harbored,owned, kept, or maintained in violation ofthis ordinance. Any such animal seizedpursuant to this section shall be held in theSauk County Animal Shelter or in such otherfacility deemed appropriate by theimpounding officer.

(4) EXCEPTIONS. The prohibitions of thisordinance shall not apply where the animal is inthe care, custody, or control of: a veterinarianfor treatment; an itinerant or transient carnival,circus or other show; public or privateeducational or medical institutions; aDepartment of Natural Resources LicensedAnimal Rehabilitation Facility; the City ofBaraboo Zoo; or the Circus World Museumpremises; if:

a. Their location conforms to theprovisions of the zoningordinance of the City;

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b. All animals and animal quartersare kept in a clean and sanitarycondition and so maintained asto eliminate objectionable odors;

c. Animals are maintained inquarters so constructed as toprevent their escape.

29.20 PROHIBITED KEEPING OFLIVESTOCK AND POULTRY. (185402/17/96, 2312 07/28/09)

(1) LIVESTOCK AND POULTRYPROHIBITED. Except to the extentpermitted in the City’s Agricultural Districtsor elsewhere in this Chapter, no person shallkeep or maintain in any zoning district anypoultry, pigeons or fowl, or any animal raisedfor fur bearing purposes, or any livestock,including, but not limited to horses, cattle,sheep, goats, pigs or swine, whether or notsuch animal is domesticated, tamed or a pet.

(2) GRANDFATHER CLAUSE. Any personkeeping or maintaining such poultry, pigeons,fowl, animal or livestock contrary to thisordinance as of February 17, 1996, maycontinue to keep or maintain such poultry,pigeons, fowl, animal or livestock as anonconforming use upon receipt of a permitfrom the Building Inspector in accordancewith rules established by the PlanCommission as long as a public nuisance isnot created in violation of the provisions ofCh. 10 of this Code. Such permit shall beissued for a term of two years to expireDecember 31, of odd numbered years. Nopermit or renewal thereof shall be issued untilthe premise has been inspected by theBuilding Inspector. (2440 02/23/16)

(3) EXCEPTIONS. The prohibitions of thisordinance shall not apply where the animals arein the care, custody, or control of: a veterinarianfor treatment; agricultural fairs; shows orprojects of the 4-H Clubs; a display for judgingpurposes; an itinerant or transient carnival,circus or other show; public or privateeducational or medical institutions;Department of Natural Resources LicensedAnimal Rehabilitation Facility; licensed petshops, as applicable; the City of Baraboo Zoo,or the Circus World Museum premises; if:

a. Their location conforms to theprovisions of the zoningordinance of the City;

b. All animals and animal quartersare kept in a clean and sanitarycondition and so maintained asto eliminate objectionable odors;

c. Animals are maintained inquarters so constructed as toprevent their escape.

d. All animals in licensed pet shopsremain sequestered from thegeneral public such that directcontact between the animal andpersons who are not employees ofthe pet shop cannot occur. (219104/12/2005)

29.21 ANIMALS NOT TO BE AT LARGE.(2092 09/10/02)

(1) NOT TO BE AT LARGE. No personhaving in his or her possession or underhis or her control any animal shall allowthe same to be at large within the City. “Atlarge” means an animal is off the premisesof its owner and upon any public street oralley, sidewalk, treebank, school grounds,public park, or other public grounds orupon any private property without thepermission of the owner of the propertyprovided that a dog, cat, or other lawfullypermitted animal shall not be deemed tobe at large if the following provisionsapply: (2092 09/10/02)

a. The animal is attached to a leashwhich is of sufficient strength tocompletely restrain and controlthe animal and the leash issecurely held by and under theactive control of a person ofsufficient age and competency togovern and restrain the animaland to prevent it from annoyingor worrying any other person ordomestic animal or fromtrespassing on private propertyor trespassing on public propertywhere such animals areforbidden. (2092 09/10/02)

b. The animal is properly restrainedwithin a motor vehicle.

c. The animal is engaged in the actof training for show, field trial,or obedience trial purposes, inactive control of its owner orhis/her agent of sufficient ageand competency to govern suchanimal at such distance, and notannoying or worrying any person

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or trespassing on privateproperty or trespassing on publicproperty where such animals areprohibited, provided that suchtraining is on the premises of theowner or keeper of the animal oron the premises of a propertythat is properly zoned andapproved as a training facility.(2092 09/10/02)

d. The animal is engaged in lawenforcement activity with a lawenforcement officer, or a searchand rescue activity with a lawenforcement officer or otherhandler approved by the Chief ofPolice.

(2) IMPOUNDMENT OF ANIMALS ATLARGE. Animals at large shall be taken bya law enforcement officer or humane officerand impounded in the Sauk County AnimalShelter except when the Shelter is unableto provide said services, in which case theanimal will be taken to the mostappropriate care facility as reasonablydetermined by the law enforcementofficer or humane officer. Impoundmentauthorization under this section includes thepursuit of animals upon the private propertyof a non-animal owner.

(3) IMPOUNDMENT FEE. An ownerreclaiming an impounded animal shall paythe impoundment fee and expenses to theSauk County Animal Shelter and as set bythe Shelter, and shall comply with theprovisions of Ch. 173, Wis. Stats., prior tothe release of a dog or cat.

(4) INTERFERENCE. It shall be a violation ofthis ordinance to interfere with or obstruct alaw enforcement officer or humane officer inthe performance of their duties under thissection.

29.22 ANIMAL WASTE REGULATED. (209209/10/02, 2527 08/27/2019)

(1) CURBING ANIMALS. No personhaving in his/her possession or underhis/her control any dog, cat, or otheranimal shall allow the same to defecate offthe premises of its owner or keeper andupon any public property or upon anyprivate property without the permission of

the owner of the property. In the event theanimal defecates on another’s land or onany public property, the owner or personin control of the animal shall immediatelyremove and dispose of the feces in asanitary manner. This section shall not beapplicable to cases where a person islegally blind and is being assisted by aservice animal as defined by theAmericans with Disabilities Act.

(2) CONFINED ANIMALS. All pens, yards,structures, or areas where animals are kept shallbe maintained in a clean, sanitary, odor free,and nuisance free condition. Droppings andexcrement shall be removed regularly anddisposed of properly so not to attract insects orrodents, become unsightly or causeobjectionable odors.

29.23 NOISY ANIMALS OR FOWLPROHIBITED. The keeping or harboring ofany animal or fowl which by frequent orhabitual howling, yelping, barking, crowing, ormaking of other unreasonably loud noises thatshall greatly annoy or disturb the surroundingneighborhood or a person of ordinarysensibilities in the vicinity is prohibited.

29.24 DUTY TO REPORT ANIMAL BITE.Every person, including the owner or personharboring or keeping a dog, cat or other animal,who knows that such animal has bitten anyperson, shall immediately report such fact to thePolice Department and shall quarantined theanimal as provided for by State Statute.

29.25 UNLAWFUL TO FREE CONFINED ORRESTRAINED ANIMAL. No person shallopen any door or gate of any private premisesor loosen, untie or cut any leash, rope or chainfor the purpose of setting any dog, cat or otheranimal at large, except with the permission ofthe owner of such animal.

29.26 CRUELTY TO ANIMALS.

(1) CRUELTY TO ANIMALSPROHIBITED. Cruelty to animals isprohibited, and is defined as any action orinaction involving an animal that areasonable person would recognize asbeing cruel to an animal and includes, butis not limited to:

a. No person owning, harboring,or having custody of an animalshall fail to provide it with good

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and wholesome food at leastonce daily and provide aconstant supply of potable waterto sustain the animal in goodhealth.

b. No person shall fail to provideany animal that he/she owns,harbors, or has custody of withshelter from inclement oradverse weather or to ensure theprotection and comfort of theanimal. In the case of dogs andcats which are kept outdoors orin an unheated enclosure, shelterand bedding shall be provided asset forth in this section as aminimum.

c. When sunlight is likely to causeoverheating or stress to anyanimal, shade shall be providedby natural or artificial means toallow protection from the directrays of the sun. Dogs and catskept outdoors shall be providedwith moisture resistant and windresistant shelter of a size whichallows the dog or cat to turnaround freely and to easily sit,stand, and lie in a normalposition and to keep the dog orcat clean, dry, and comfortable.Whenever the outdoortemperature falls below 40degrees Fahrenheit, cleanbedding material shall beprovided in such shelters forinsulation and to retain bodyheat of the dog or cat. Feces shallbe removed as specified herein.

d. All animals confined to a cage,kennel run, or secure enclosureof any kind, shall be providedwith quarters in a clean conditionand in good state of repair. Eachanimal shall have sufficient spaceto turn around freely and toeasily sit, stand, and lie in anormal position. Thetemperature and ventilation ofthe quarters shall be compatiblewith the health of the animal.There shall be sufficient clean,dry bedding to meet the needs ofeach individual animal and fecesshall be removed as specified in§ 29.22 of this Code.

e. Chains, ropes, or leashes shall beso placed or attached that theycannot become entangled withanother animal or object, andshall be of sufficient length toallow the animal proper exerciseand convenient access to food,water, and shelter. Such chains,ropes, or leashes shall be locatedso as not to allow such animal totrespass on public or privateproperty belonging to others orin such a manner as to causeharm or danger to persons orother animals.

f. No person shall fail to provideany animal that he/she owns,harbors, or has custody of withveterinary care when needed toprevent suffering.

g. No person shall beat, kick, cruellyill-treat, torment, overload,overwork, or otherwise abuse ananimal, or use any device orchemical substance whereby pain,suffering, or death may be caused,whether belonging to himself oranother, except that reasonableforce may be used to drive offvicious or trespassing animals.This provision does not prohibittraining techniques or husbandrypractices which are acceptableunder Wisconsin law.

h. No person shall abandon orneglect any animal he/she owns,harbors, or has custody of.

i. No person shall transport anyanimal in their possession in amanner which could causeinjury, pain, undue stress, ordeath to the animal.

j. No person shall give away any liveanimal, fish, reptile, or bird as aprize for or as an inducement toenter any contest, game, or othercompetition, or as an inducementto enter a place of amusement oroffer the same as an incentive toenter into any business agreementwhereby the offer was for thepurpose of attracting trade.

k. No person shall cause, instigate,or permit any dogfight, cockfightor other combat betweenanimals or between animals andhumans.

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l. No person shall expose anypoisonous substances, whethermixed with food or not, so that thesame shall be liable to be eaten byany dog or cat, provided that itshall not be unlawful for a personto expose, on his property,poisons designed for the purposeof rodent or pest elimination. Thisprovision shall not prohibit policeor Public Works personnel orlicensed pest-control operatorsfrom providing rodent or pest-control services.

m. Any person who, as the operatorof a motor vehicle, strikes adomestic animal, shall stop at onceand shall attempt to report suchinjury or death to the animal’sowner or the City PoliceDepartment.

n. No person may cause or allow ananimal to be placed or confinedin a motor vehicle under suchconditions or for such a periodof time, without adequateventilation, as to endanger thehealth or wellbeing of suchanimal due to temperature,humidity, lack of food or drink,or such other conditions as maybe reasonably expected to causesuffering, disability, or death.

(2) ENFORCEMENT. Any lawenforcement officer or humaneofficer may remove, shelter, and carefor any animal found to be crueltyexposed to the weather, starved,denied adequate food or water, orotherwise treated in a cruel manner orabandoned and may deliver suchanimal to the Sauk County AnimalShelter to be sheltered, cared for, andgiven medical attention, if necessary.In all cases the owner and/or head ofhousehold shall be immediatelynotified and such officer or otherperson, having possession of theanimal, shall have a lien thereon forits care, keeping, and medicalattention and the expenses associatedtherewith. If the owner or head ofhousehold is unknown and cannotwith reasonable effort be ascertainedor does not within five days afternotice redeem the animal by paying

the expenses incurred, the animalmay be treated as a stray.

29.27 WORRYING PARADE ANIMALSPROHIBITED.

(1) CERTAIN DEVICE SALESPROHIBITED.

a. During, and for the 12 hoursimmediately preceding, any publicevent in which circus or paradeanimals are scheduled to paradeon the streets of the City, it shallbe unlawful for any person to sellor offer to sell, outdoors on publicor private property, any deviceswhich may confuse or alarmhorses, ponies or other animalssuch as fireworks, explosives,smoke bombs, sparklers, caps, capguns, horns, sirens, whistles orother noise making devices; bullwhips or other whips of anydescription; darts or bows andarrows, whether sharp or blunttipped; any blow gun type device;or any other device which isdesignated or intended to beprojected, catapulted, thrown,blown or propelled; except ballsused for sports.

b. Any law enforcement officer orhumane officers who observesany person who appears to beviolating par. (a), above shall ordersuch person to immediatelyterminate the sale or display ofsuch prohibited devices for theduration of such public event. Ifsuch person fails to immediatelycomply with such order, suchofficer may confiscate such devicesuntil the conclusion of such publicevent.

(2) POSSESSION OR USE OF CERTAINDEVICES.

a. During any public event in whichparade animals enumerated inSub. (1)(a) above are scheduled toparade on the streets of the City, itshall be unlawful for anyone tohave in his possession or to use,along the route of such paradewhile such parade is in progress,any of the devices enumerated inSub. (1)(a), above.

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b. Any law enforcement officer orhumane officer observing anyperson who appears to beviolating par. (a), above mayconfiscate such devices until theconclusion of such public event.

29.28 ANIMALS IN PARKS.

(1) PAT LISTON DOG PARK. See § 19.12of this Code.

(2) PETS IN PARKS. See § 19.03(8) of thisCode.

(3) CONDUCT IN ZOO REGULATED.See § 19.05 of this Code.