A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
“Animal” includes any warm blooded creature, except a human being, a reptile or an amphibian.
“Own” or “Owner” includes any person who owns, harbors or keeps an animal. See Wis. Stat. s. 174.001.
“Harbor” means to afford an animal lodging, to shelter it or to give it refuge.
“Keep” means to exercise some manner of care, custody or control over an animal.
“Foster” means to temporarily keep an animal that is not available for adoption, sale or trade in a residence for a period no longer than 30 days on behalf of an animal control facility, animal shelter, animal breeder, animal dealer or rescue group regardless of the licensing status of the facility, shelter, breeder, dealer or group, without compensation. Fostering includes care provided by a “Home Custody Provider” as defined in Wis. Admin. Code s. ATCP 16.01(9). Fostering does not include temporarily caring for an animal owned by another person while that person is unable to care for it due to absence, illness, vacation, or similar circumstances.
“Board” means to keep or harbor an animal belonging to another person or entity, or an animal that is available for adoption, sale or trade, with or without compensation. Boarding does not include fostering.
“Temporary Keeping” is the temporary caring for an animal owned by a friend or relative while that person is unable to care for it due to deployment, absence, illness, vacation, or similar circumstances.
“At Large” means an animal off the premises of the owner that is not physically leashed to a person that is able to exert control over the animal.
“Carcass” means the dead body, or any part of the dead body, of a livestock animal or other domestic animal.
“Cruel” means causing unnecessary or excessive pain or suffering or unjustifiable injury or death, and includes neglect which results in the same.
“Dog” includes any canine, including a hybrid dog, regardless of age or sex.
“Hybrid Dog” means a dog bred with the intent of having wolf, coyote or other wildlife mixed into the bloodline.
“Cat” includes any feline, including a hybrid cat, regardless of age or sex.
“Hybrid Cat” means a cat bred with the intent of having lynx, puma or other wildlife mixed into the bloodline.
“Neutered” means an animal rendered sterile by surgical means.
“Livestock” means any horse, bovine, sheep, pig, elk, or other deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised deer, emu, ostrich, or domestic fowl, including game fowl raised in captivity.
“Domestic Animal” includes livestock, dogs and cats, along with animals typically kept as pets, such as birds and guinea pigs, but does not include rodents unless kept as pets.
B. Animals at Large; Injury to Property by Any Animal; Impoundment.
1. No owner shall permit any animal to go at large in the Village of Rochester. Any animal at large or untagged is subject to impoundment, and the owner shall be liable for all costs relating to the impoundment. A dog is considered untagged if a valid license and rabies tag is not attached to a collar. A cat is considered untagged if a valid rabies tag is not attached to collar. Any dog or cat that is found untagged is subject to impoundment, and the owner shall be liable for all costs relating to the impoundment.
2. It shall be unlawful for any person owning an animal to permit such animal to injure or attack another animal.
3. No person other than the owner shall open any gate or door to enable any animal to leave its premises for the purpose and result of setting an animal at large.
4. It shall be unlawful to permit any animal within the village to graze or feed, or to go upon any such area not designated as or improved for street purposes. Horses may be ridden through the Village of Rochester during daylight hours only and must be held to a walk.
5. Damage to property. No animal owner shall allow the same to go upon any sidewalk, parkway, or private lands or premises without the permission of the property owner, or break, bruise, tear up, crush or injure, any lawn, flower bed, plant, shrub, tree, or garden in any manner, or to defecate thereon.
6. Animal Waste. No animal owner shall allow the same to be on any public or private property, not owned or possessed by any such person, unless he has a device to scoop up excrement and an appropriate depository to put such excrement in. This shall not apply to visually handicapped or otherwise disabled persons who are unable to conform to this provision.
7. Impoundment. Should any animal be allowed to go at large in violation of this section, a Law Enforcement Officer or the Village Humane Officer shall take up and impound such animal with the Village Humane Officer and shall serve upon the owner, if known, or shall post upon the exterior of the Village Hall and in two other public places, a notice of the taking and impounding of said animal. The owner or person entitled to the possession of the animal at any time within seven days after such notice is received or posted may have the animal restored to him or her, upon proving his or her right thereto and paying all lawful charges incurred, including those for maintaining the animal during the period of impoundment at rates established by the Village Board.
C. Providing Proper Shelter, Food and Water.
1. Shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper accessible shelter as set forth in Wis. Stat. s. 951.14 and 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 Racine County.
a. The shelter shall be a moisture proof structure of suitable size to accommodate and allow retention of body heat from inclement weather. The shelter shall be made of durable material and, except for livestock shelter, shall have a solid floor raised at least two inches from the ground. The entrance to the shelter shall be covered by a flexible, wind proof material. The shelter shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness. The shelter must be placed where there is sufficient shade by nature or an artificial means of shade shall be provided to protect any animal from direct sunlight.
b. The shelter and confining areas shall be maintained in good repair to protect the animal from injury, and provide sufficient space to allow the animal adequate freedom of movement. The shelter shall be kept cleaned, reasonably dry without standing water or mud, and free of accumulations of feces and/or trash.
2. Food. No person owning or responsible for caring for any animal shall fail to provide food. Food shall be wholesome, palatable and of sufficient quality and nutritive value for the animal's health, and shall be free of contamination. Food receptacles shall be accessible, durable and kept clean.
3. Water. No person owning or responsible for caring for any animal shall fail to provide potable fresh water at all times, and if not available at all times, shall be provided daily and in sufficient quantity for the health of the animal. Water receptacles shall be accessible, durable and kept clean.
D. Cruelty or Mistreatment of Animals.
1. No person shall neglect or mistreat or abuse any animal, or by any act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether belonging to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals.
2. No person shall carry or transport in any vehicle or over any streets, alleys, sidewalks or public ground in the Village any animal or bird so tied in place as to inflict undue stress or harm.
3. No person shall lead any animal upon a highway from a motor vehicle, or from a trailer, semi-trailer or other wheeled conveyance drawn by a motor vehicle in violation of Wis. Stat, s. 951.04.
E. Abandonment Prohibited; Humane Officer’s Acceptance of Animals.
1. Abandonment. No person owning, in charge of, or having custody of any animal shall abandon it. If a person owns an unwanted animal, that person is responsible for the humane disposal of the animal or finding a new owner for the animal.
2. Stray and Abandoned Animals. The Humane Officer shall accept stray and abandoned animals found in the Village. If the owner is found, the owner shall be charged a daily boarding fee plus the cost of care and custody, in an amount approved by the Village Board and set forth in the Fee Schedule. The Humane Officer shall attempt to place the animal with a new owner if the owner is not found and the animal is suitable for adoption, and if unsuitable for adoption or unable to be placed within ten days, the Humane Officer may euthanize the animal. The cost of euthanization shall be charged to the owner if the owner is known.
F. Disposition of Carcasses. No person who owns or controls a carcass, or who owns or controls the land on which a carcass is located, may leave the carcass exposed to access by dogs or wild animals for a longer period than 24 hours in the months of April to November or 48 hours during the months of December to March if the person knows or reasonably should know that the carcass is exposed. No person shall transport or dispose of a carcass in violation of Wis. Stat. s. 95.50.
G. Dogs or Other Domestic Animals Causing Damage or Injury.
1. Owners liability for damage or injury. Pursuant to Wis. Stat. s. 174.02, and subject to Wis. Stat. s. 895.045 (contributory negligence) and except as provided in Wis. Stat. s. 895.57(4) (unauthorized release of animals), the owner of a dog or other domestic animal is liable for the full amount of damages caused by the dog or other domestic animal injuring or causing injury to a person, domestic animal or property. If the owner was notified or knew that the dog or other domestic animal previously injured or caused injury to a person, domestic animal or property, the owner shall be liable for two times the full amount of the damages caused by the dog or other domestic animal injuring or causing injury to a person, domestic animal or property.
2. Penalties imposed on owner for dog or other domestic animal causing damage or injury. The owner of a dog or other domestic animal shall be subject to forfeiture as provided in Chapter 50 of this Municipal Code, but in no case less than $50.00 nor more than $400.00 if the dog or other domestic animal injures or causes injury to a person, domestic animal, property, deer, game birds, or the nests or eggs of game birds. If the owner was notified or knew that the dog or other domestic animal previously injured or caused injury to a person, domestic animal, property, deer, game birds, or the nests or eggs of game birds, the owner shall be subject to forfeiture as provided in Chapter 50 of this Municipal Code, but in no case less than $200.00 nor more than $400.00 if the dog or other domestic animal injures or causes injury to a person, domestic animal, property, deer, game birds, or the nests or eggs of game birds. These penalties shall be in addition to any other liability imposed on the owner.
3. Court order to euthanize a dog or other domestic animal. If a dog or other domestic animal causes serious injury to a person or other domestic animal on two separate occasions off of the owner's property without reasonable cause, and the owner was notified or knew prior to the second injury that the dog or domestic animal caused the first injury, the Village may commence a civil action to obtain a judgment from a court ordering a humane officer to euthanize the dog or other domestic animal.
H. Authority to Seize Dogs or Other Animals.
1. Pursuant to Wis. Stat. s. 173.13, the Village may direct a Law Enforcement Officer or the Village Humane Officer to take custody of any animal if the Law Enforcement Officer or Humane Officer has reasonable cause to believe that the animal:
a. Is abandoned or a stray;
b. Is not tagged and/or licensed (if required);
c. Is not confined when subject to quarantine, regardless of whether the order is for quarantine at an isolation facility or on the premises of the owner as set forth in Wis. Stat. s. 95.21;
d. Has caused damage to persons or property;
e. Is a participant in an animal fight intentionally instigated by any person;
f. Has been mistreated; or
g. Is delivered by a veterinarian pursuant to Wis. Stat. s. 173.13(2).
2. Pursuant to Wis. Stat. s. 173.21, the animal may be held in custody even after a claim by the owner if there are reasonable grounds to believe that the animal poses a significant threat to public health, safety, or welfare, in which case the Village shall petition the Circuit Court for an order to euthanize the animal pursuant to Wis. Stat. s. 173.23(3);
3. The Village may direct the humane officer to euthanize the animal without court order if there are reasonable grounds to believe that the animal poses an imminent threat to public health or safety, or the health or safety of itself or its custodian, pursuant to Wis. Stat. s. 173.23(4).
4. The owner of the animal shall be liable for all costs relating to impoundment, custody and care of the animal under this section.
I. Nuisance Animals; Abatement Orders.
1. Nuisance Animals. No person shall own an animal that barks, whines, howls, or makes other sounds common to its species in excess, attacks other animals or persons, damages private or public property, repeatedly interferes with passersby or passing vehicles, or is at large or unrestrained, as such activity may be evidence of neglect or mistreatment of the animal in violation of this chapter, or may cause or have the potential to cause injury to the animal.
2. Abatement. Upon notification of a violation of subsection 1., and in addition to all other provisions of this section, the Village may direct a Law Enforcement Officer or its Humane Officer to investigate, and if a violation is occurring, the Humane Officer shall issue and serve an order of abatement pursuant to Wis. Stat. s. 173.11, which shall contain the name and address of a person to whom directed, the ordinance being violated, a prohibition of further violations, a description of measures necessary to correct the violation, which may include an order to dispose of the animal, and a description of the hearing and appeal procedures in subsection 3.
3. Appeal. Any person named in an abatement order may, within the ten day period following service of the order, request an informal hearing before the Village Board. The hearing shall be held within ten days after the request is made, unless the requester agrees to a later date. A written decision by the Village Board shall be issued within ten days of the hearing, and that decision shall affirm the order or withdraw the order. A person adversely affected by the Board's decision may seek judicial review by commencing an action in circuit court within 30 days after the decision is issued.
J. Rabies Control; Dog, Cat and Ferret Rabies Vaccinations Required; Quarantine. See s. 25-4 of this Municipal Code.
K. Dog Licensing. Wis. Stat. s. 174.07, relating to Dog Licensing, is hereby adopted and supplemented, as set forth herein.
1. Dogs to be licensed.
a. Every person owning or keeping a dog within the Village of Rochester shall apply for a license for each dog over the age of five months, and shall provide proof of current rabies vaccination at the time of application. Licenses must be applied for no later than January 31st of any year or as soon as the dog attains the age of five months, or within 30 days of acquiring ownership of a licensable dog, at the office of the Village Treasurer.
b. A person who is temporarily keeping a dog is not required to license the dog in the Village if the dog is licensed in the municipality where it usually resides.
c. A person who is fostering a dog is not required to license the dog if the dog is kept in the Village for no longer than 30 days, provided that the dog has a certificate of veterinary inspection.
d. A person who is granted a Kennel License pursuant to subsection L.2. shall provide Rabies Certificates and apply for Kennel Tags annually. The Kennel Owner is responsible for ensuring that dogs kept or harbored at the kennel have current rabies certificates and for affixing kennel tags to the collars of all dogs age five months or older.
2. Fees. The fees for licenses shall be determined by the Village Board and set forth in the Fee Schedule, and shall provide for a lesser license fee for altered dogs and for a late fee for licenses applied for after January 31st, or on or before the age of five months, or within 30 days of acquiring a licensable dog,
L. Limitation on Dogs and Cats; Kennel Licenses.
1. Except as set forth in subsection 3, the maximum number of adult cats and/or dogs five months of age or older allowed per residential dwelling unit or other premises in the Village is limited to four, but no more than three of those animals may be dogs over five months of age. Anyone wishing to keep more than the allowed number of dogs or cats must obtain a kennel license pursuant to subsection 2.
a. The limitation on the number of dogs set forth herein applies to dogs that are owned, fostered and/or boarded. It does not apply to the temporary keeping of dogs, provided that such dogs are temporarily kept for no longer than two weeks. In the event of the temporary keeping of dogs or cats for persons who are deployed, a Special Exception Permit may be applied for and granted by the Village Board.
b. A dog or cat breeder who engages in the sale of 25 or more dogs and/or cats per year, regardless of the age of the animal, that the person has bred and raised, unless all of the dogs and/or cats are from no more than three litters, must obtain a Kennel License. Such an operation is considered a commercial business.
c. Any person who sells, distributes, or trades, or offers for sale, distribution or trade, 25 or more dogs or cats in a year that the person has not bred and raised, regardless of the age of the animal, must obtain a Kennel License. Such an operation is considered a commercial business.
2. Kennel License. No person shall keep, own, or operate a kennel within the corporate limits of the Village of Rochester without first obtaining a kennel license to do so from the Village Board. "Kennel" means any residential dwelling unit or other premises wherein or whereon four or more dogs or cats are kept for any purpose as set forth in subsection 1, except as set forth in subsection 3.
a. No kennel license shall be issued for any land that is less than three acres in area unless such kennel exists and is licensed on the date of the adoption of this Chapter.
b. Kennel licenses are required for any premises that is regulated by the State of Wisconsin pursuant to Wis. Stat. s. 173.41.
c. Application. Any person desiring a license herein shall make application in writing to the Village Board, which application shall be signed by the applicant and shall set forth the name and residence of the applicant, a correct and accurate description of the premises for which the license is requested, and a statement of the purposes in detail and a description of the facilities in detail for which the license is being requested, including the number of animals desired to be kept on said premises.
d. Inspection, Determination and Fee. Upon receipt of the application and the Application and Inspection fee, the Village Board or other designated Village officials shall inspect the premises. Thereafter, the Village Board may issue or deny such license taking into consideration the particular premises, the applicant, the effect upon the adjoining and nearby property owners, and the interest of public health safety and welfare. Such license may be issued subject to the minimum standards set forth in subsection e. The Application and Inspection fee shall be in an amount set by the Village Board and set forth in the Fee Schedule, and is not refundable in the event that the license is not granted. If the Kennel License is granted, the applicant shall also pay the annual Kennel Tag fee in the amount set by the Village Board and set forth in the Fee Schedule, which shall include a fee for up to and including twelve animals and provide for an additional amount for each additional animal.
e. Minimum Standards.
(1) Any person holding a Kennel License for dogs is subject to the standards set forth in Wis. Admin. Code ss. ATCP 16.20, Dog care, general; 16.22, Dogs kept indoors; and 16.24, Dogs kept outdoors, provided, however, that fencing shall be made of chain link and shall be installed in a manner that prevents escape.
(2) Any person holding a Kennel License for cats is subject to the standards for dogs set forth in Wis. Admin. Code ss. ATCP 16.20, Dog care, general; 16.22, Dogs kept indoors; and 16.24, Dogs kept outdoors, provided, however, that cages for temporary kenneling for cats (one week or less) shall provide no less than 4.2 square feet of area per cat, and cages for kenneling of cats for more than one week shall provide no less than 24 square feet of area per animal.
f. Term of License; Review; Issuance; Transferability.
(1) Term. Any license issued hereunder shall be for a term of one year 1 and shall be subject to renewal upon application to the Village Board and payment of the required license fee.
(2) Review. Upon application for a new or renewal permit, The Humane Officer will inspect the premises and report his or her recommendations to the Public Works Committee, which shall provide a review and recommendation to the Village Board. The Village Clerk shall provide notice of the application and meeting to the abutting property owners at least ten days before the Public Works Committee meeting.
(3) Issuance. Upon receipt of the Public Works Committee’s recommendation, the Village Board shall vote to approve the Kennel License, deny the Kennel License, or request additional information from the applicant which shall be provided at the next regularly scheduled meeting of the Village Board. Additionally, the Village Board may place certain conditions of its approval of the application which reasonably impact the health, safety and welfare of the Village of Rochester. In reviewing the application and when placing conditions on any such approval, where applicable, the Village Board shall consider the following factors:
(a) Whether the proposed use will be in harmony and compatible with the character of the surrounding area.
(b) Whether the proposed use will result in an over-intensive use of the building or land.
(c) Whether the proposed use will cause significant air, water or noise pollution.
(d) Whether the proposed use is adequately landscaped, buffered and/or screened.
(e) Whether the proposed use will be otherwise detrimental to the health, safety, or welfare of the neighboring land owners or the Village of Rochester.
(4) Transferability. The license shall be effective only to the person to whom the same is issued and upon the premises described in the application. No transfer is allowed.
3. Exception. No maximum number of cats pursuant to subsection 1 shall be imposed, nor shall a kennel license be required for the keeping of more than the maximum number of cats pursuant to subsection 3, for agriculturally zoned farm premises of at least three acres where cats are kept for the purpose of rodent control. While the number of cats is not limited on said premises, the cats present on the premises shall be cared for and adequate food, shelter and water shall be provided.
M. Vicious animals.
1. With the exception of animals under the control of law enforcement, no person shall own, keep or harbor a vicious animal. Evidence that an animal has, without provocation, bitten or inflicted injury on a person or domestic animal two or more times during the subject animal’s life, or did bite or inflict injury once, causing wounds or injuries creating death or a potential danger to the health or life of the victim, shall constitute a prima facie showing that the animal is vicious. Any animal trained or used for fighting against another animal shall be presumed to be vicious under this section.
2. Disposition of nuisance or vicious animals.
a. Upon verified notification of a violation of this section, the Village Board will make a determination as to whether the animal is vicious.
b. In making its determination, the Village Board shall consider the circumstances, and may determine that an animal is not vicious if:
(1) 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.
(2) Death, injury or damage was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the animal, provided, however, that this section shall not apply if the animal is trained or used for fighting.
(3) The animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
c. No animal may be declared vicious for acts committed by the animal while being utilized by a law enforcement officer for law enforcement purposes.
d. Upon the Village Board’s determination, the Village Clerk shall serve written notice and order, hand delivered or sent by U.S. Postal Service Certified Mail, return receipt required, giving the owner no more than ten days from receipt of the notice and order, to dispose of the animal and show proof of the relocation of the animal and the place of its relocation or a certificate of euthanization. If the owner does not dispose of such animal it may be impounded and euthanized.
e. If the owner wishes to appeal the order of the Board, such appeal shall be in writing and filed with the Village Clerk no more than ten days after receipt of the notice and order, or within the time designated on the order. Upon receipt of a written appeal, the Village Board shall conduct a hearing on the matter. The Board shall thereafter render a written decision that the animal is dangerous and must be euthanized or is not dangerous and shall remain with the owner.
3. The owner of any animal which is impounded and/or euthanized shall be held responsible for payment of any expenses incurred by animal control or the impoundment facility. Failure to pay such fee within 15 days after impoundment or destruction of such animal shall constitute a violation of this chapter.
N. Keeping Animals Other than Typical Pets; Prohibited Animals.
1. Animals Other than Typical Pets. Any person wishing to raise and/or maintain any animal or fowl, other than a dog, cat, or captive-bred species of caged bird, rodent, turtle, fish, non-poisonous, non-constricting snake, or livestock kept in conformance with this section, must obtain a Special Exception Permit issued by the Village Board as set forth in subsection Q.
2. Prohibited Animals.
a. Except as otherwise provided in this chapter, no person shall keep, maintain, or have in his possession or under his control within the Village any livestock or poultry, or any polecat, skunk, raccoon, fox, game or game birds, nor shall any person keep a hybrid cat or hybrid dog.
b. No person shall keep, maintain, or have in his possession or under his control within the Village any nuisance animal as set forth in subsection I, or any vicious animal as set forth in subsection M, as determined by the Village Board, or as determined by, and/or ordered removed from, any court, municipality, town, county or state.
c. No person shall keep, maintain, or have within his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious or dangerous propensities, including but not limited to:
(1) All poisonous animals and reptiles including rear-fang snakes
(2) Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla) orangutans (Pongo); ans siamangs (Symphalangus)
(3) Baboons (Papoi, Mandrillus)
(4) Bears (Ursidae)
(5) Cheetahs (Acinonyx jubatus)
(6) Crocodilians (Crocodilia) 30 inches in length or more
(7) Constrictor Snakes, four feet in length or more
(8) Coyotes (Canis latrans)
(9) Elephants (Elephas and Loxodonta)
(10) Game cocks and other fighting birds
(11) Hippopotami (Hippopotamidea)
(12) Hyenas (Hyaenidae)
(13) Jaguars (Panthera onca)
(14) Leopards (Panthera pardus)
(15) Lions (Panthera leo)
(16) Lynxes (Lynx)
(17) Monkeys, old world (Cercopithecidae)
(18) Pumas (Felis concolor); also known as cougars, mountain lions and panthers
(19) Ocelots (Felis pardalis)
(20) Rhinoceroses (Rhinocero tidae)
(21) Snow leopards (Panthera uncia)
(22) Tigers (Panthera tigris)
(23) Wolves - red wolf (Canis Lupus), gray timber (Canis Nigar), or hybrid dog part wolf
(24) Poisonous insects
(25) Wild animals as defined in Wis. Stat. s. 169.01(37)
(26) Exotic birds.
3. Exceptions.
a. The provisions of this subsection shall not apply to pet shops, zoological gardens, circuses, professional animal acts, game farms and wild life exhibits if Special Exception Permits are granted pursuant to subsection Q and:
(1) Their location conforms to the provisions of the zoning ordinance of the Village, and all appropriate zoning and building permits are issued;
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;
(3) Animals are maintained in quarters so constructed as to prevent their escape; and
(4) No person lives within three hundred feet of the quarters in which the animals are kept.
b. The provisions of this subsection shall not apply to the keeping of livestock and poultry on agriculturally zoned farm premises of at least five acres.
O. Proximity to Dwellings of Others. No person having possession of or in control of any animal or fowl (other than dogs and cats) shall allow the same to be kept closer than 300 feet to any dwelling house other than that of such person.
1. Nonconforming Use. The lawful nonconforming use of a parcel of real estate existing at the time of the adoption of this Chapter may be continued, although the use does not conform with the provisions of this section; however:
a. Only that portion of the land in actual use may be so continued and the nonconforming use may not be extended to additional lands; and
b. The nonconforming use must be in compliance with any terms and conditions of the zoning affecting the property.
c. Discontinuance of nonconforming use. If a nonconforming use is discontinued or terminated for a period of twelve months, any future use of the structure or land shall conform to the provisions of this section.
d. Current File. A current file of all nonconforming uses and structures shall be maintained by the Village Clerk to the extent it is reasonably practical to do so listing the following: property location, use of the structure or land and date the use became nonconforming.
2. Exceptions. Any person wishing an exception to this section shall apply for a Special Exception Permit pursuant to subsection Q of this section.
P. Restriction on Number of Livestock and Other Non-Domestic Animals.
1. Except as provided in subsection 2, no person shall place, allow or consent to the placement on his or her property any livestock or other non-domestic animals on a parcel of land less than five acres in area.
2. Exceptions. The restriction set forth in subsection 1 shall not apply to:
a. Agriculturally zoned parcels of real estate which are equal to or greater than five acres.
b. A property owner who has obtained a Special Exception Permit pursuant to subsection Q of this section.
c. Parcels of real estate which are contiguous to other parcels owned by the same individual or members of the owner’s immediate family, such as parents, children or siblings, which in aggregate are equal to or greater than five acres in area.
d. Legal Nonconforming Use. The lawful nonconforming use of a parcel of real estate existing at the time of the adoption of this Code may be continued, although the use does not conform with the provisions of this section; however:
(1) Only that portion of the land in actual use may be so continued and the nonconforming use may not be extended to additional lands; and
(2) The nonconforming use must be in compliance with any terms and conditions of a zoning ordinance affecting the property.
(3) Discontinuance of nonconforming use. If a nonconforming use is discontinued or terminated for a period of twelve months, any future use of the structure or land shall conform to the provisions of this section.
(4) Current File. A current file of all nonconforming uses and structures shall be maintained by the Village Clerk to the extent it is reasonably practical to do so listing the following: property location, use of the structure or land and date the use became nonconforming.
Q. Special Exception Permit. Notwithstanding any provision contained in this chapter to the contrary, in the event that a person wishes to raise and/or maintain any animal or fowl as otherwise contrary to subsection N of this section, or a property owner seeks to place, allow or consent to the placement of livestock or other non-domestic animals within 300 feet of a dwelling unit as otherwise contrary to subsection O of this section, or place such animals on property containing less than five acres contrary to subsection P of this section, said person or property owner shall apply for a Special Exception Permit, which shall require the approval of the Village Board. Special Exception Permits may be granted by the Village Board for the presence of more than the number of dogs or cats allowed in a residence set forth in subsection L only under the following circumstances: for the combination of households when the occupants already own animals (for the life of the animals); for the temporary keeping of dogs and/or cats during a deployment (for the term of the deployment); and for the addition of a service dog to a household.
1. Application. Not less than twenty days prior to the next regularly scheduled meeting of the Public Works Committee, the applicant shall pay a fee in an amount set by the Village Board and set forth on the fee schedule, and shall file with the Village Clerk an application setting forth the following:
a. The parcel of real estate that is the subject of the request.
b. The specific type or types and number of animals which the applicant proposes to place on the subject property.
c. A statement addressing the factors which the Village Board will consider for approval as set forth in subsection 2.
d. A site plan of the affected parcel of real estate which shows the following:
(1) The area where the animals will be penned, including the distance that any such pen will be set back from adjacent property owners.
(2) Manure storage areas. Additionally as an attachment to said site plan, the applicant shall include a written plan for how the applicant will provide for the regular removing, spreading or other disposal of manure so that it does not become unsightly or emit odor beyond the property boundary or become a public nuisance.
(3) Adequate drainage facilities located on the property or to be implemented by the property owner so as to protect surrounding properties from surface water discharge containing contaminants including but not limited to sediment or organic waste.
2. Determination. Upon receipt of the application the Humane Officer shall inspect the premises, and report his or her findings to the Public Works Committee, which shall then make a recommendation to the Village Board. The Village Clerk shall send notice of the application and Public Works Committee meeting to the abutting neighbors at least ten days before the Public Works Committee meeting. Upon receipt of the Public Works Committee’s recommendation, the Village Board shall vote to approve the Permit, deny the Permit, or request additional information from the applicant which shall be provided at the next regularly scheduled meeting of the Village Board. Additionally, the Village Board may place certain conditions on its approval of the application which reasonably impact the health, safety and welfare of the Village of Rochester. In reviewing the application and when placing conditions on any such approval, where applicable, the Village Board shall consider the following factors:
a. Whether the proposed use will be in harmony and compatible with the character of the surrounding area.
b. Whether the proposed use will result in an over-intensive use of the building or land.
c. Whether the proposed use will cause significant air, water or noise pollution.
d. Whether the proposed use is adequately landscaped, buffered and/or screened.
e. Whether the proposed use will be otherwise detrimental to the health, safety, or welfare of the neighboring land owners or the Village of Rochester.
3. Term of Permit. Any permit issued hereunder for a special exception to the requirements of subsection N shall be for one year, or a shorter term if specified by the Village Board. The term of a special exception to the requirements of subsection O or P shall be two years, and the permit shall be subject to renewal upon application to the Village Board and payment of the required license fee. The license shall be effective only to the person to whom the same is issued and upon the premises described in the application. No transfer is allowed.
R. Suspension, Revocation, and Refusal to Renew Licenses or Permits.
1. A license or permit issued under this Section may be suspended or revoked by the Village Board at any time after the issuance of the same, and the Village Board may refuse to renew a license or permit, upon giving to such applicant, or any person in possession of the premises, 15 days’ notice of such suspension, revocation, or refusal to renew by personal service or by certified mail addressed to the license or permit holder
2. The Village Board’s action shall be for cause. “Cause” as used herein shall be defined as the license or permit holder’s failure to comply with any condition placed on said license or permit, failure to maintain the premises in a manner consistent with the license or permit, or conviction of a violation of this section or any ordinance, statute or regulation related to the keeping or treatment of animals, public or animal health, public nuisance, or other related provision.
3. A license or permit holder whose license or permit has been suspended, revoked or not renewed may appeal said decision to the Village Board by filing written notice of the appeal with the Village Clerk within 15 days of receipt of the notice of the suspension, cancellation or revocation. The Village Board shall a hearing on the appeal as soon as possible after receipt of the notice of appeal, and proceedings on the suspension, cancellation or revocation shall be suspended until the hearing is held and the Board issues its decision. The Village Board shall issue its determination in writing within 15 days of the hearing and shall serve that determination personally or by certified mail. A person adversely affected by the Board's decision may seek judicial review by commencing an action in circuit court within 30 days after the decision is issued.
4. If a permit is suspended, revoked or not renewed, the license or permit holder shall have fifteen days from the date of receipt of the letter or determination by the Village Board to comply with the provisions therein.
S. Penalties. In addition to any penalty specifically set forth in this section, any person who violates any provision of this section or any regulation or rule, or order made hereunder shall be subject to a penalty as provided in Chapter 50 of this Municipal Code. Nothing in this section shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Chapter by injunction or other equitable relief.
Notes
| 1 | 1 Amended by Ordinance 2018-4, Adopted 1.8.18 |