Chapter 7: Licenses & Permits

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7.01 REPEAL OF PRIOR ORDINANCE

Any existing town ordinances relating to the regulation and/or licensing of dogs and cats is repealed and the following sections, 7.02 - 1 through 7.02-19, is substituted therefore.

7.02 LICENSING OF DOGS AND REGULATIONS OF ANIMALS

7.02 - 1 Dog licenses Required; Definitions
7.02 - 2 Rabies Vaccination Required for License
7.02 - 3 Dog License Tax and Multiple Dog Licenses
7.02 - 4 Late Fees
7.02 - 5 Rabies Quarantine
7.02 - 6 Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals
7.02 - 7 Impoundment of Animals
7.02 - 8 Dogs and Cats Restricted on Cemeteries
7.02 - 9 Duty of Owner in Case of Dog or Cat Bite
7.02 - 10 Injury to Property by Animals
7.02 - 11 Barking Dogs and Crying Cats
7.02 - 12 Sale of Rabbits, Chicks or Artificially Colored Animals
7.02 -13 Providing Proper Food and Drink to Confined Animals
7.02 - 14 Providing Proper Shelter
7.02 - 15 Neglected or Abandoned Animals
7.02 - 16 Cruelty to Animals and Birds Prohibited
7.02 - 17 Limitation on Number of Dogs and Cats
7.02 - 18 Penalties
7.02 - 19 Enforcement

Sec. 7.02 - 1 Dog License Required; Definitions

(a) License Required. It shall be unlawful for any person in the Town of Dunkirk to OW11, harbor or keep any dog more than five (5) months of age on January 1 of any year, or five (5) months of age within the license year, without complying with the provisions of this Chapter and Sec. 174.05 through Sec. 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same.

(b) Definitions. Terms used in this chapter are defined as follows:

(1) "Owner" shall mean any person owning, harboring or keeping a dog or any person occupying any premises on which a dog remains or to which it customarily returns daily for a period often (10) days.

(2) "At large" means to be off the premises of the owner and not under the control of some person either by lease or otherwise, but a dog within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog, shall be deemed to be upon the owner's premises.

(3) "Dog" shall mean any canine, regardless of age or sex.

(4) "Cat" shall mean any feline, regardless of age or sex.

(5) "Neutered" as used herein as describing a dog shall mean a dog having nonfunctional reproductive organs.

(6) "Animal" means mammals, reptiles and birds.

(7) "Cruel" means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.

(8) "Law Enforcement Officer" or "Officer" has that meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer appointed under Sec. 173.03, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats.

(9) "Farm Animal" means any warm-blooded animal normally raised on farms in the United States and used for food or fiber.

(10) "Pet" means an animal kept and treated as a pet.

(11) "Department" means the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.

Sec. 7.02-2 Rabies Vaccination Required for License.

(a) Rabies Vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian no later than five (5) months of age and re-vaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or brings the dog into the Town of Dunkirk after the dog has reached five (5) months of age, the owner shall have the dog vaccinated against rabies within thirty (30) days' after the dog is obtained or brought into the Town, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from the State of Wisconsin or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three (3) years after the previous vaccination. The certificate of vaccination shall meet the requirements of Sec. 95.21(2), Wis. Stats.

(b) Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Department identifying the Town of Dunkirk as the municipality where the dog is required to be licensed and stating the owner's name and address, the name, sex, spayed or unsprayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, and the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services.

Sec 7.02-3 Dog License Tax and Multiple Dog Licenses

(Missing part of the PDF, not listed in its entirety) by state law. The Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer shall also deliver to the owner, at the time of issuance of the dog 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.

(4) The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area.

(5) The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement officer shall seize, impound or restrain any dog for which a license is required which is found without such tag attached. Each day that any dog within the Town continues to be unlicensed constitutes a separate offense for which a separate penalty applies.

(6) Notwithstanding the foregoing, every dog specifically trained as a service dog, such as, but not limited to, leading blind or deaf persons or providing support for mobility-impaired persons, is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Town Clerk/Treasurer or his/her deputy upon application therefore.

(b) Multiple Dog Licenses.

(1) Subject to Section 7.02-17, any person who keeps more than one dog may, instead of the license tax for each dog required by this Chapter, apply to the Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax of $35 for 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required multiple dog license tax and upon presentation of evidence that all dogs over five (5) months of age are currently immunized against rabies, the Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept by the person.

(2) Multiple dog license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of dogs for which a multiple dog license has been issued shall keep at all times a multiple dog license tag attached to the collar of each dog over five (5) months old kept by the owner or keeper under a multiple dog license, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. No dog bearing a multiple dog license tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's or keeper's premises unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training, or competition.

Sec. 7.02 - 4 Late Fees.

The Town Clerk/Treasurer shall assess and collect a late fee of Five Dollars ($5.00) from every owner of a dog five (5) months of age or over if the owner failed to obtain a dog license prior to April 1 of each year, or if the owner failed to obtain a dog license within thirty (30) days of acquiring ownership of a licensable dog, or if the owner failed to obtain a dog license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required dog license fee, plus the Town administrative fee.

Sec. 7.02 - 5 Rabies Quarantine.

(a) Dogs and Cats Confined. If a district or neighborhood is quarantined for rabies, all dogs and cats within the district or neighborhood shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All law enforcement officers shall cooperate in the enforcement of the quarantine. The Town Clerk/Treasurer shall promptly post in at least three (3) public places in the Town notices of quarantine.

(b) Exemption of Vaccinated Dog or Cat from Quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the quarantine provisions of Subsection (a) if a rabies vaccination tag or substitute tab is attached to the dog's or cat's collar.

(c) Quarantine or Sacrifice of an Animal Suspected of Biting a Person or Being Infected or Exposed to Rabies.

(1) Quarantine or Sacrifice of Dog or Cat. A law enforcement officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

(2) Sacrifice of Other Animals. A law enforcement officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.

(d) Quarantine of Dog or Cat.

(1) Delivery to Isolation Facility or Quarantine on Premises of Owner. A law enforcement officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than twenty-four (24) hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.

(2) Health Risk to Humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least ten (10) days after the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one (1) intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.

(3) Risk to Animal Health.

a. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for one hundred eighty (180) days. The owner shall have the animal vaccinated against rabies between one hundred fifty-five (155) and one hundred sixty-five (165) days after the exposure to a rabid animal.

b. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for sixty (60) days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

(4) Sacrifice of a Dog or Cat Exhibiting Symptoms of Rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

(e) Delivery of Carcass; Preparation; Examination of Laboratory of Hygiene. A law enforcement officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Department, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

(f) Cooperation of Veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Department, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

(g) Responsibility for Quarantine and Laboratory Expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.

Sec. 7.02-6 Restrictions on Keeping of Dogs, Cats, Fowl and Other Animals.

(a) Restrictions. It shall be unlawful for any person within the Town of Dunkirk to own, harbor or keep any dog or cat which:

(I) Habitually pursues any vehicle upon any public street, alley or highway in the Town.

(2) Assaults or attacks any person or destroys property.

(3) Is at large within the limits of the Town.

(4) Habitually barks or howls or cries to the annoyance of any person or persons. (See Section 7.02-11.)

(5) Kills, wounds or worries any domestic animal.

(6) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

(7) In the case of a dog, is unlicensed.

(b) Vicious Dogs and Animals.

(1) For purposes of enforcing this Section, a dog shall be deemed as being of a vicious disposition if, within any twelve (12) month period, it bites two (2) or more persons or inflicts serious injury to one (1) person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner may be seized by any law enforcement officer and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the police authorities.

(2) No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.

(c) Animals Running at Large.

(1) No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the Town. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large shall be seized and impounded by a law enforcement officer.

(2) A dog or animal shall be considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.

(d) Owner's Liability for Damaged Caused by Dogs; Penalties. The provisions of Sec. 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

(e) Animal Feces. The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed there from by said owner or person in charge. This Section shall not apply to a person who is visually or physically handicapped.

Sec. 7.02 - 7 Impoundment of Animals.

(a) Animal Control Agency.

(1) The Town of Dunkirk 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.

(2) The Town of Dunkirk does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this Section.

(b) Impounding of Animals. In addition to any penalty hereinafter provided for a violation of this Chapter, any law enforcement officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Town, assaults or attacks any person, is at large within the Town, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this Section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Town for any damages it sustains for improper or illegal seizure.

(c) Claiming Animal; Disposal of Unclaimed Animals. After seizure of animals under this Section by a law enforcement officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three (3) public places in the Town, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer has taken such animal into his/her possession. If within seven (7) days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and human manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for fourteen (14) days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Town Board. No animal shall be released from the animal shelter without being properly licensed if so required by state law or Town Ordinance.

(d) Sale of Impounded Animals. If the owner does not reclaim the animal within seven (7) days, the animal may be sold or released to any person, if all of the following apply:

(1) The person provides his or her name and address.

(2) The licensure is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of pre-payment.

(3) If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination is given by evidence of pre-payment.

(4) Any charges imposed by the Town or its contracting agent for custody, care, vaccination and treatment are paid or waived.

(e) Town Not Liable for Impounding Animals. The Town and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this Section.

Sec. 7.02 - 8 Dogs and Cats Restricted on Cemeteries. No dog or cat shall be permitted on any public cemetery. Every dog specifically trained as a service dog, such as, but not limited to, leading blind or deaf persons or providing support for mobility-impaired persons, shall be exempt from this Section.

Sec. 7.02 - 9 Duty of Owner in Case of Dog or Cat Bite. Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to a law enforcement officer and shall keep such dog or cat confined for not less than fourteen (14) days or for such period of time as a law enforcement officer shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement officer upon demand for examination.

Sec. 7.02 - 10 Injury to Property by Animals. It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

Sec. 7.02 -11 Barking Dogs and Crying Cats.

(a) It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to a public nuisance. A dog or cat is considered to be in violation of this Section when three (3) formal, written complaints of documented violations are filed with the Town within anyone (1) month period.

(b) No person shall be found to be violation of this section unless first notified in writing, at least ten (10) days prior to the issuance of any citation or summons, of the fact of the complaints of documented noise.

Sec. 7.02 - 12 Sale of Rabbits, Chicks or Artificially Colored Animals.

(a) No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.

(b)( I) No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl unless the person provides proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's possession.

(2) No retailer, as defined in Sec. lOO.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two (2) months of age, in any quantity less than six (6), unless in the business of selling these animals is for agricultural, wildlife or scientific purposes.

Sec. 7.02 - 13 Providing Proper Food and Drink to Confined Animals.

(a) No person owning or responsible for confining or impounding any animal may fail 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.

Sec. 7.02 - 14 Providing Proper Shelter.

(a) Proper Shelter. No person owning or responsible for confining or impounding any animal may fail to supply 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 confined farm animals.

(2) Shelter from Inclement Weather.

a. Animals generally. 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. Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of a dog, a shelter of suitable size to accommodate the dog shall be provided.

(d) 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.

(e) 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.

Sec. 7.02 - 15 Neglected or Abandoned Animals.

(a) Neglected or Abandoned Animals.

(1) No person may abandon any animal.

(2) Any law enforcement 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 the owner.

(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 shall prove that such killing was unwarranted.

(5) Section 173.10, Wis. Stats., Investigation of Cruelty Complaints, and Sec. 173.24, Wis. Stats., Reimbursement for Expenses, 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 Town or any animal control agency with whom the Town 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.

Sec. 7.02 - 16 Cruelty to Animals and Birds Prohibited.

(a) Acts of Cruelty Prohibited. No person except a law enforcement officer in the pursuit of his/her duties shall, within the Town, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.

(b) Leading Animal from Motor Vehicle. No person shall lead any animal upon a Town street 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 domestic animal owned by another to any known poisonous substance, any controlled substance included in schedule I, II, III, IV or V of Chapter 961 of the Wisconsin Statutes, or any controlled substance analog of a controlled substance included in schedule I or II of Chapter 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by such animal or for the purpose of harming the animal. This section does 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 in bona fide experiments carried on for scientific research or in accepted veterinary practice.

(d) Use of Certain Devices Prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance, any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.

(e) Shooting at Caged or Staked Animals.

(1) No person may shoot, kill, or wound with a firearm, or with any deadly weapon, any animal that is tied, staked out, caged or otherwise intentionally confined in an artificial enclosure, regardless of size.

(2)(a) Whoever is concerned in the commission of a violation of this section is a principal and may be charge with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

(2)(b) A person is concerned in the commission of a violation of this section under par. (a) if the person does any of the following:

1. Instigates, promotes, aids, or abets the violation as a principal, agent, employee, participant, or spectator.

2. Participates in any earnings from the commission of the violation.

3. Intentionally maintains or allows any place to be used for the commission of the violation.

(3) This section does not apply to any of the following animals:

(a) A captive wild bird that is shot, killed, or wounded on a bird hunting preserve licensed under Sec. 169.19, Wis. Stats.

(b) Farm-raised deer, as defined in Sec. 95.001 (1)(ag), Wis. Stats.

(c) Animals that are treated in accordance with normally acceptable husbandry practices.

Sec. 7.02 -17 Limitation on Number of Dogs and Cats.

(a) Purpose. The keeping of a large number of dogs and cats within the Town for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.

(b) Number Limited.

(1) No person or family shall own, harbor or keep in its possession more than five (5) dogs and five (5) cats in any residential unit, except that a litter of pups or kittens or a portion of a litter may be kept for not more than ten (10) weeks from birth.

(2) The above limitation may be waived by the Town Board under extraordinary circumstances. Such application for waiver shall be submitted to the Town Clerk/Treasurer.

(c) Exception. The limitations identified in paragraph (b)(1) shall not apply to a kennel legally operating under the Dane County Zoning Code.

Sec. 7.02 - 18 Penalties.

(a) Each day that a violation of this Chapter occurs shall be considered as a separate offense.

(b)(1) Anyone who violates Sections 7.02-1,7.02-2, 7.02-3, 7.02-4 and 7.02-5 of this Code of Ordinances or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than Twenty-five Dollars ($25.00) and not more than Two Hundred Dollars ($200.00) for the first offense and not less than One Hundred Dollars ($100.00) and not more than Four Hundred Dollars ($400.00) for any subsequent offenses.

(2) Any owner who refuses to comply with an order issued under Section 7.02-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions or an order that an animal be quarantined shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned not more than sixty (60) days or both.

(c) Any person who violates Sections 7.02-6 through 7.02-12 of this Code of Ordinances shall be subject to a forfeiture of not less than Twenty-Jive Dollars ($25.00) and not more than One Hundred Dollars ($100.00) for the first violation and not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00) for subsequent violations.

Sec. 7.02-19 Enforcement.

(a) The Town or a law enforcement officer have the discretion to enforce the provisions of this Chapter without the citizen complaint procedure under paragraph (b) being invoked.

(b) In the event a person complains to a Town official or law enforcement officer that another person is violating or has violated any provisions of this Chapter, the Town may enforce any provision of this Chapter against the person violating such sections, provided the following conditions are satisfied:

(1) The complainant shall file with the Town Clerk a written statement describing the details of the violation.

(2) The complainant shall agree to provide such testimony or other evidence as may be necessary for the Town to enforce this Chapter.

(3) The complainant shall agree in writing with the Town that, in the event it is subsequently determined that there has been no Chapter violation, the complainant shall reimburse the Town for all costs and expenses incurred, including reasonable attorneys' fees and court costs, in attempting to enforce this Chapter. The Town shall require the complainant to make a deposit with the Town Clerk 0 fat least One Hundred Dollars ($100.00) to cover the Town's anticipated costs and expenses as a condition precedent to any such enforcement action.

Sec 7.09 - REGULATIONS OF OPEN BURNING - DEFINITIONS

(1) “Air Curtain Destructor” - This means a solid waste disposal operation that combines a fixed wall open pit and a mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless combustion of clean wood wastes and similar combustible materials.

(2) “Bonfire” - This means an open fire kindled to mark a public event, victory celebration or similar occurrence where dry, combustible material such as wood, paper and similar items are burned.

(3) “Open Burning” - This means combustion in which the by-products thereof are emitted directly into the ambient air without passing through a stack or chimney, including the combustion occurring at a properly operated air curtain destructor. Open burning does not include the combustion which occurs in an enclosed or covered unit designed to prevent the escape of any burning materials.

(4) “No Burning Order” - This means an order, issued by the Town Board, temporarily prohibiting open burning of any type during periods of exceptional dryness or in other circumstances where the Board determines that such burning may be hazardous. It the Board issues such an order, it will notify the Fire Department. When a “no burning order” is in effect the Fire Department will so inform persons who notify it of their intention to burn.

Sec 7.10 - PROHIBITED OPEN BURNING

No person shall engage in any of the following within the Town:

(1) Open burning of any wet combustible rubbish, garbage, oily substances, asphalt, rubber products, or other materials prohibited by state statue or administrative rule.

(2) Burning of explosive or dangerous materials without a permit issued by either the Wisconsin Department of Natural Resources (DNR) or the Department of Commerce.

(3) Open burning in an air curtain destructor without first obtaining a permit from the Department of Natural Resources and received written approval from the Town Board

(4) Any form of open burning while a “no burning order” is in effect.

(5) Any form of open burning without notifying the Town Fire Department as provided in Section 7.12(1)

Sec 7.11 - OTHER OPEN BURNING

Open burning not specifically prohibited in Section 7.10 of this chapter is permitted between sunrise and sunset providing the Open Burning Rules set forth in Section 7.12 of this chapter are complied with. The Town Board shall have the power to permit open burning after sunset when a specific exception to this section is requested by a landowner.

Sec. 7.12 - OPEN BURNING RULES

(1) No open burning may take place unless the Town Fire Department has been notified by the person intending to burn. Notification shall include the name, address and telephone number of the person giving the notification as well as the date, location and approximate time the burning is to take place.

(2) A responsible adult shall be in attendance at any fire until it is totally extinguished.

(3) Regardless who attends the fire, the owner of the land on which the burning takes place, whether present or not, may be held responsible by the Town for the costs described in Section 7.13 of this chapter.

(4) Burning shall be conducted in a safe manner, when wind and weather conditions are such that they do not create a risk of spreading the fire.

(5) No open burning shall be conducted within 40 feet from any structure, hay stack or fuel storage location; or upon any paved surface within a right-or-way, public or private.

(6) Adequate firebreaks must be provided and provision made to notify the fire department in an emergency (i.e.: DIAL 911).

(7) Open burning my not violate federal air quality control rules or state air pollution control rules.

Sec. 7.13 - PENALTY FOR VIOLATION(S)

(1) The burning in Violation of this ordinance may result in the fire being extinguished. Any cost incurred for such extinguishment shall be paid by the owner of the land.

(2) The owner of the land on which the burning takes place shall be liable for any and all costs incurred by the Town in responding to and extinguishing any fires which get out of control.

(3)In addition to, and separate from, the possible liability referred to in paragraphs 1 and 2 of this section, violations of this ordinance, including but not limited to the failing to notify the Fire Department before burning hall be punishable as Class C forfeitures, under Chapter 17 of this code.