Chapter 14
Regulation of Animals
14-1 Restrictions
on Keeping of Dogs, Cats, Fowl
and Other Animals
14-2 Animal
Control Agency
14-3 Barking
Dogs
14-4 Providing Proper Food and Drink to Confined Animals
14-5 Providing Proper Shelter
14-6 Neglected or Abandoned Animals
14-7 Cruelty to Animals Prohibited
SEC. 14-1 Restrictions on
Keeping of Dogs, Cats, Fowl
and Other Animals
(a) Town Responsibility.
(1) Responsibility. The control and
supervision of animal problems in the Town shall be the primary
responsibility of the town.
(2) County Responsibility. Whenever
the Town is unable to resolve an animal problem arising in its jurisdiction,
the Sheriff can be summoned for assistance.
(3) More Restrictive Ordinances Allowed. The
County of Bayfield may adopt ordinances relating to the same subjects as this
Chapter which are more restrictive than the Town's regulations.
(b) Animals Running at Large. No dog shall
be permitted to run at large off the premises of its owner unless such dog is
working, hunting, showing or otherwise under the control or supervision of its
owner or another person in charge of such dog. No dog shall be permitted to run
at large on the premises of its owner if such dog is causing injury to annoying
another person or animal or is chasing a vehicle.
(c) Chapter 174, Wis. Stats., Incorporated. The
terms and provisions set forth in Ch. 174, Wis. Stats., as now stated and as
hereinafter amended, are hereby incorporated herein by reference as though
fully set forth herein.
(d) Section 95.21, Wis. Stats., Incorporated. The
terms and provisions set forth in Sec. 95.21, Wis, Stats., as now stated and as
hereinafter amended, are hereby incorporated herein by reference as though
fully set forth herein.
SEC. 14-2 Animal Control Agency.
(a) The Town of Barnes may contract with or enter
into an agreement with such person, persons, organization or corporation to
provide for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impoundment animals and for
assisting in the administration of rabies vaccination programs.
(b) The Town of Barnes does hereby delegate to any
such animal control agency the authority to act pursuant to the provisions of
this Section.
(c) The Town of Barnes hereby designates the
Chequamegon Animal League located in the City of Ashland, Ashland County,
Wisconsin, to provide a pound for stray and unwanted dogs of this County as
permitted by Ch. 174, Wis. Stats. The impoundment fees and expenses for an animal
impounded shall be paid to the Chequamegon Animal League to help defray its
expenses.
SEC. 14-3 Barking Dogs.
No person owning, possessing or having charge of a dog shall permit or
allow such dog to bark or howl between the hours of 10:00 p.m. and 7:00 a.m.
and under circumstances where such barking or howling reasonably disturbs
another.
SEC. 14-4 Providing Proper Food
and Drink to Confined Animals.
(a) No person
owning or responsible for confining or impounding any animal may refuse or neglect
to supply the animal with a sufficient supply of food and water as prescribed
in this Section.
(b) The food
shall be sufficient to maintain all animals in good health.
(c) If
potable water is not accessible to the animals at all times, it shall be provided
daily and in sufficient quantity for the health of the animal. State law
reference(s)--Sec. 951.13, Wis. Stats.
SEC. 14-5 Providing Proper Shelter.
(a) Proper
Shelter. No person owning or responsible for confining or impounding any
animal may fail to provide the animal with proper shelter as prescribed in this
Section. In the case of farm animals, nothing in this Section shall be
construed as imposing shelter requirements or standards more stringent than
normally accepted husbandry practices in the particular county where the animal
or shelter is located.
(b) Indoor
Standards. Minimum indoor standards of shelter shall include:
(1) Ambient
temperatures. The ambient temperature shall be compatible with the
health of the animal.
(2) Ventilation.
Indoor housing facilities shall be adequately ventilated by natural or
mechanical means to provide for the health of the animals at all times.
(c) Outdoor Standards. Minimum
outdoor standards of shelter shall
include:
(1) Shelter
from sunlight. When sunlight is likely to cause heat exhaustion of an
animal tied or caged outside, sufficient shade by natural or artificial means
shall be provided to protect the animal from direct sunlight. As used in this
paragraph, "caged" does not include farm fencing used to confine farm
animals.
(2) Shelter
from inclement weather.
a. Natural or artificial shelter appropriate to the
local climatic conditions for the species concerned shall be provided as necessary
for the health of the animal.
b. If a dog is tied or confined unattended outdoors
under weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
c. Dogs kept outdoors for more than one (1) hour
at a time must be provided with moistureproof and windproof shelter of a size
which allows the animal to turn around freely and to easily sit, stand and lie
in a normal position and keep the animal clean, dry and comfortable. Whenever
the outdoor temperature is below forty (40) degrees Fahrenheit, clean bedding
material shall be provided in such shelters to insulation and to retain the
body heat of the animal.
(d) Leashes.
If animals are kept leashed on their premises, there shall be provided at
least six (6) feet of free, untangled leash.
(e) Space
Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(1) Structural strength. The housing
facilities shall be structurally sound and maintained in good repair to protect
the animals from injury and to contain the animals.
(2) Space requirements. Enclosures
shall be constructed and maintained so as to provide sufficient space to allow
each animal adequate freedom of movement. Inadequate space may be indicated by
evidence of debility, stress or abnormal behavior patterns.
(f) Sanitation
Standards. Minimum standards of sanitation for both indoor and outdoor
enclosures shall include periodic cleaning to remove excreta and other waste
materials, dirt and trash so as to minimize health hazards. State law
reference(s)--Sec. 951.14, Wis. Stats.
SEC. 14-6 Neglected or
Abandoned Animals.
(a) Neglected
or Abandoned Animals.
(1) No person may abandon any animal.
(2) Any law enforcement or animal control officer
may remove, shelter and care for an animal found to be cruelly exposed to the
weather, starved or denied adequate water, neglected, abandoned or otherwise
treated in a cruel manner and may deliver such animal to another person to be sheltered,
cared for and given medical attention, if necessary. In all cases the owner, if
known, shall be immediately notified and such officer, or other person, having
possession of the animal shall have a lien thereon for its care, keeping and
medical attention and the expense of notice.
(3) If the owner or custodian is unknown and
cannot, with reasonable effort, be ascertained or does not, within five (5)
days after notice, redeem the animal by paying the expenses incurred, it may be
treated as a stray and dealt with as such.
(4) Whenever, in the opinion of any such officer,
an animal is hopelessly injured or diseased so as to be beyond the probability
of recovery, it shall be lawful for such officer to kill such animal and the
owner thereof shall not recover damages for the killing of such animal unless
he/she shall prove that such killing was unwarranted.
(5) Section 951.16, Investigation of Cruelty
Complaints, and Sec. 951.17, Wis. Stats., Expenses of Investigation, are hereby
adopted by reference and made a part of this Chapter.
(b) Injured Animals. No person who owns,
harbors or keeps any animal shall fail to provide proper medical attention to
such animal when and if such animal becomes sick or injured. In the event the
owner of such animal cannot be located, the County or any animal control agency
with whom the County has an agreement or contract shall have the authority to
take custody of such animal for the purpose of providing medical treatment, and
the owner thereof shall reimburse the person or organization for the costs of
such treatment. State law reference(s)--Sections 951.15, 951.16 and 951.17,
Wis. Stats.
SEC. 14-7 Cruelty to Animals Prohibited.
(a) Acts
of Cruelty Prohibited. No person shall cruelly beat, frighten, overburden
or abuse any animal or use any device or chemical substance whereby pain, suffering
or death may be caused, whether belonging to himself/herself or another, except
that reasonable force may be used to drive off vicious or trespassing animals.
This provision does not prohibit training techniques or husbandry practices
which are acceptable under state law. No person shall abandon any animal or
transport any animal in a cruel manner.
(b) Leading
Animal From Motor Vehicle. No person shall lead any animal upon a County or
Town road from a motor vehicle or from a trailer or semi-trailer drawn by a motor
vehicle.
(c) Use of Poisonous and Controlled Substances. No
person may expose any pet animal owned by another to any known poisonous
substance or controlled substance listed in Ch. 961, Wis. Stats., whether mixed
with meat or other food or not, where it is reasonable to anticipate the
substance may be eaten by such animal or for the purpose of harming the animal.
This Subsection shall not apply to poison used on one's own premises and
designed for the purpose of rodent and pest extermination, nor the use of a
controlled substance used in accepted veterinarian practice or in research by
persons or organizations regularly engaged in such research.
Town of Barnes
_______________________
Richard
Collyard, Chairman
_______________________
Dixie
Chermack, Supervisor
_______________________
Donna
Porter, Supervisor
_______________________
Christine
Webb, Supervisor
_______________________
Jack
Meinke, Supervisor
Adopted:November
15, 2005
Published:
11-24-05 Posted:11-16-05
Attest:
_______________________ Dated: 11-15-05
Elaine J. Brustad,
Clerk-Treasurer