(a) Dog or Cat Licenses.
(1) License Requirement.
It shall be unlawful for any person in the Village of Edgar to own, harbor or keep any dog or cat more than five (5) months of age without complying with the provisions of Sec. 174.05 through Sec. 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
(2) Owner's Responsibility to Obtain License.
The owner of any dog or cat more than five (5) months of age on January I of any year, or five (5) months of age within the license year, shall annually, or on or before the date the dog or cat becomes five (5) months of age, pay a license tax and obtain a license. The numbers limits of Section 7-1-20 shall be complied with as a condition of licensing.
(3) Dog or Cat License Tax.
a. The minimum State license tax under this Section shall be charged in accordance with Sec. 174.05, Wis. Stats., as amended. An additional Village tax pursuant to Sec. 174.05, Wis. Stats., shall be paid on each dog or cat license issued and the amount of Village tax shall not exceed the total cost of all dog or cat licensing, regulating and impounding activities for the previous year, less any refund which may be received under Sec. 174.09(2), Wis. Stats. The license year commences on January I and ends on the following December 31. The dog or cat license tax under this Section shall be:
1. Neutered males and spayed females: As prescribed in Section 1-3-1.
2. Unneutered males and unspayed females: As prescribed in Section 1-3-1.
b. If the dog or cat becomes five (5) months of age after July 1 of the license year, the license fee shall be one-half of the license fee.
(4) Proof of Rabies Vaccination; License Issuance.
Upon payment of the required license tax and upon presentation of evidence that the dog or cat is currently immunized against rabies, as required by Section 7-1-2 of this Chapter, the Village Administrator shall complete and issue to the owner a license for such dog or cat containing all information required by state law. The Village Administrator shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5) License Tag.
a. The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog or cat for which the license is issued at all times, except as provided in Section 7-l-2(e).
b. The fact that a dog or cat is without a tag attached to the dog or cat by means of a collar shall be presumptive evidence that the dog or cat is unlicensed. Any law enforcement or humane officer may seize, impound or restrain any dog or cat for which a dog or cat license is required which is found without such tag attached.
(b) Kennel Permits; Multiple Dog or Cat Licenses; Kennel Construction Standards.
(1) Multiple Dog or Cat License and Kennel Permit Requirements; Revocation.
a. Any person who keeps more than three (3) animals over the age of five (5) months shall obtain a kennel permit. In the case of dog or cats, any person who keeps more than three (3) dog or cats shall, instead of the license tax for each dog or cat required by this Chapter and state law, apply for a multiple dog or cat license for the keeping of the dog or cats. Such person shall pay for the license year a license tax as prescribed in Section 1-3-1 for twelve (12) or fewer dog or cats and an additional fee for each dog or cat in excess of twelve (12). A kennel permit is required in addition to the multiple dog or cat license.
b. Any person wanting to operate an animal kennel, non-commercial or commercial, shall apply for a kennel permit with the Village Administrator and pay a one-time kennel permit application review fee per Section 1-3-1, in addition to any other required licensing fees. An application for a kennel permit shall state the name and address of the owner of the proposed kennel, the location of where the kennel is proposed to be located, and the number of animal and means of confinement proposed to be kept. In the case of dog or cats, upon payment of the required multiple dog or cat license tax, and upon presentation of evidence that all dog or cats over five (5) months of age are currently immunized against rabies, the Village Administrator shall issue the multiple dog or cat license and a number of tags equal to the number of dog or cats authorized to be kept following Village Board approval of a kennel permit application; the multiple dog or cat license is a requirement separate from the kennel permit. Kennel construction standards in Section 7-1-27 shall be complied with.
c. Village Board approval is required for all kennels. With all kennel permit applications, the Police Department shall provide a written recommendation to the Village Board. A kennel may only be located in a residential area following a public hearing and approval by the Village Board; the Village Board may attach conditions to such approval as a conditional use under the Village Zoning Code. The Village Board may revoke any kennel permit for violation of this Chapter after reasonable notice and opportunity to be heard is given the kennel permit holder.
(2) Multiple Dog or Cat License Tags; Requirements; Exceptions.
The owner or keeper of multiple dog or cats shall keep at all times a multiple dog or cat license tag attached to the collar of each dog or cat over five (5) months old kept by the owner or keeper under a multiple dog or cat license but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area. The rabies vaccination tag or substitute tag shall remain attached to the dog or cat for which it is issued at all times but this requirement does not apply to a show dog or cat during competition, to a dog or cat securely confined indoors or to a dog or cat securely confined in a fenced area.
(3) Confinement/Leash Requirement.
No dog or cat bearing a multiple dog or cat tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's premises unless the dog or cat is on a leash or temporarily unconfined/unleased for the purposes of hunting, breeding, trial, training or competition.
(4) Humane Animal Treatment Requirement.
No kennel permit or multiple dog or cat license shall be issued to the keeper or operator of multiple dog or cats or animals who fails to provide proper food and drink and proper shelter for the animals or who neglects or abandons said animals. Village enforcement officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple dog or cat premises upon his/her own initiative. Expressly incorporated by reference in this Section as minimum standards for kennel permit holders or multiple dog or cat keepers are the relevant provisions of Ch. 174, Wis. Stats.
(5) Inspection Consent.
A condition of being issued a kennel permit or multiple dog or cat license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this Section. Should any premises with a kennel permit or multiple dog or cat license be found to constitute a public nuisance, the license or permit shall be revoked and the nuisance abated pursuant to Village ordinances.
(6) Kennel Construction and Operation; Setback for Pens and Leashed Dog.
The following requirements apply to kennels:
a. No kennel permit shall be granted to any owner for the operation of an outdoor kennel unless the area within which the animals are to sleep, eat or exercise shall be completely enclosed with a wire mesh fence of appropriate height and strength to ensure proper confinement of said animals. A building permit shall be obtained from the Village for any dog pen or kennel structure.
b. No dog or animal outdoor pen/house/run may be constructed closer than ten (10) feet from a property line. No dog shall be tied so that it is closer than ten (10) feet from a property line.
c. Every kennel or animal outdoor confinement structure shall be maintained and operated in a neat and sanitary manner. All refuse and animal waste shall be removed at regular intervals to minimize odors and infestations of insects or vermin. No owner of the kennel shall permit any of the animals to create an unusual or excessive noise from howling, barking, or in any other manner create a disturbance or nuisance of any kind which unduly impairs the quiet and peaceful enjoyment of the surrounding area by other residents.
(c) Exemption for Leader Dogs and Service Animals.
(1) Service Animals.
Notwithstanding the foregoing, all service animals specifically trained to work or perform tasks for the benefit of an individual with a disability are exempt from the licensing tax and every person owning such dog shall annually receive a dog license from the Village Administrator at no charge upon proper application thereof and proper vaccination required in Subsection (a)(4).
(2) Leader Dogs.
Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the licensing tax and every person owning such dog shall receive annually a dog license from the Village Administrator at no charge upon proper application therefor and proof of rabies vaccination required in Subsection (a)(4).
State Law Reference:
Sec. 174.053, Wis. Stats.