10.01 VILLAGE ENFORCEMENT OFFICER
(1) Designation of Enforcement Officer and Term of Appointment. The Village Enforcement Officer shall be a police officer in good standing and a member of the Village of Deerfield Police Department. The Village Enforcement Officer shall be appointed by the Village Board, and can be a designee of the Chief of Police and shall remain as the Village Enforcement Officer until a successor is duly appointed. [O-95-09; 9/14/95]
(2) Duties. The Enforcement Officer shall monitor the health, sanitation and animal control and enforce the provisions of this Ordinance.
10.02 DEFINITIONS
(1) Owner shall mean any person owning, harboring or keeping a dog, cat or other animal listed in this ordinance, and the occupant of any premises on which any said animal remains or to which it customarily returns daily for a period of ten days, is presumed to be harboring or keeping an animal within the means of this ordinance.
(2) Kennels. The term “kennel” means any establishment wherein or whereon domesticated animals are kept for the purposes of breeding, sale or sporting purposes, as defined in Section 174.001, Wis. Stats.
10.03 KEEPING OF ANIMALS AND FOWL
(1) Sanitary Requirements. All structures, pens, buildings, stables, coops or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors. Interior walls, ceilings, floor, partitions and appurtenances of such structures except structures or houses occupied by no more than two dogs, cats, rabbits, skunk or similar animal kept as a pet, shall be whitewashed or painted annually or more often as the Enforcement Officer shall direct.
(2) Location of Livestock Restricted. No person shall keep any kind of livestock, including but not limited to cattle, horses, pigs, goats, sheep, or mules, within the Village of Deerfield. No person shall keep any chicken, duck, goose, turkey or other domestic fowl within the Village of Deerfield. It is provided, however, that nothing in this section shall be construed to prohibit the keeping of cats, dogs or other small animals held as pets and not being raised for kennels or other commercial purposes. It is further provided that nothing in this section shall apply to animals presently kept in the Village of Deerfield.
(3) Dangerous Animals. It shall be unlawful to keep any animal or creature within the Village limits of the Village of Deerfield except the following: including but not limited to, domesticated dogs, cats, hamsters, birds or fish.
(4) Restrictions on Keeping of Dogs. It shall be unlawful for any person within the Village of Deerfield to own, harbor or keep any dog which:
Assaults or attacks any person.
Is habitually “at large”, as determined by the Enforcement Officer, within the limits of the Village.
Habitually barks or howls to the annoyance of any person or persons.
Kills or wounds any domestic animal.
Is known by such person to be infected with rabies or to have been bitten by an animal know to have been infected with rabies.
Is a major health/welfare problem.
Keeping of More than Three Dogs Prohibited. No person shall own, harbor or keep more than three dogs over the age of five months on any lot or premise within the corporate limits of the Village of Deerfield, except that a litter of pups, or a portion of the same litter may be kept for a period of time not exceeding five months from birth; provided, however, that any person who on December 31, 2000, owned more than three dogs and had paid the required license fee at that time for each dog which was over five months of age or older on that date, shall be permitted to keep said dogs but may not replace any of such dogs which are disposed of or moved out of the Village.
No more than two dogs may be kept outside at any time, and must comply with section 10.03(1) and 10.05(a) and (b).
No person or persons shall have a kennel within the corporate boundaries of the Village.
(5) Animal Defecation on Public or Private Property Prohibited. O96-01
(a) No person owning or having control of any animal shall allow or permit such animal to defecate upon any property other than that of the animal owner or caretaker without immediately causing such defecation to be removed therefrom and properly disposed of by (i) burial on said animal owner’s or caretaker’s own property, (ii) or flushing in the toilet; or (iii) bagging and placing in animal owner’s or caretaker’s garbage container. O96-01
(b) No person owning or having control of any animals shall appear with such animal on any sidewalk, street, park or other public area or on any private property neither owned nor occupied by said person without the means of removal of any feces left by the animal. O96-01 The owner of any property within the Village shall not allow the collection or build-up of feces on their property and will cause the same to be cleaned up on a timely and regular basis.
(c) Any person violating any provision of this section shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500). O96-01 1/11/87
10.04 LICENSING AND CONTROL OF CATS AND DOGS.
(1) Licensing of Cats and Dogs.
(a) License Required for Cats and Dogs.
Every person who owns, harbors, or keeps a cat or dog in the Village of Deerfield (hereinafter an “Owner") that is five (5) months of age or older shall annually obtain a license for said cat or dog and pay a dog or cat license tax/fee for said dog or cat. The dog license is required by Wis. Stats. §174.05 (1991-1992), and as may be amended. The license shall be valid during the license year in which it was obtained. The license year shall begin on January 1 and end on December 31.
(b) License Fees.
The Village Board may, by resolution and as allowed by state statute, adopt a fee schedule for issuing cat and dog licenses. The fee schedule differentiates between neutered and un-neutered cats, and neutered and un-neutered dogs. Cats and dogs licensed by the Village shall be presumed to be un-neutered unless, at the time of licensing, the Owner presents a certificate of a veterinarian licensed by the State of Wisconsin certifying that the cat or dog sought to be licensed is neutered.
(c) Issuance of License and Tag.
Upon payment of the required fee and presentation of evidence that the cat of dog is currently immunized against rabies, the Village Treasurer shall complete and issue to the Owner a license for the cat or dog. 1/11/88
The license shall include the date of its expiration, a serial number, the Owner’s name and address, and the name, sex, neutered or un-neutered status, and breed or description of the dog or cat licensed. A duplicate copy of the license shall be kept on file in the Village. After issuing the license, the Village Treasurer shall deliver to the Owner a tag of durable material bearing the same serial number as the license, the name of the county in which it is issued, and the license year.
(d) Attachment of Tag to Collar or Harness.
The Owner shall securely attach the tag to a collar or harness and said collar or harness shall be kept on the cat or dog for which the license is issued. The fact that a cat of dog is without a license attached its collar or harness shall be presumptive evidence that the cat or dog is unlicensed.
(2) Control of Cats and Dogs.
(a) Cats and Dogs Not Permitted to Run at Large.
It shall be unlawful for the Owner of any cat or dog to permit same to run at large in the Village of Deerfield. A cat or dog shall be deemed to be at large when it is off the premises of its Owner, unless it is under the apparent control of a person. This subsection is not intended to prohibit the keeping of cats or dogs within enclosed areas which will reasonably control the conduct of said cat or dog.
(b) Cats and Dogs Not Permitted to Trespass on Property.
It shall be unlawful for the Owner, or for any person who has a cat or dog under his or her apparent control, to permit a cat or dog to trespass on property without permission of the lawful owner or occupant of that property.
(3) Penalties.
(a) Forfeitures. [0-96-10; 6/24/96]
Any person or Owner violating this section shall forfeit not less than $10 nor more than $100 for the first violation and not less than $20.00 nor more than $200.00 for each subsequent violation within one year of the most recent previous violation. In addition, court cost and assessments plus cost of prosecution shall be added to the forfeiture amount. Each day of violation shall constitute a separate offense. Failure to pay the forfeiture and related costs may result in suspension of the person’s or Owner’s driver’s license, to the full extent permitted by law. The cost to obtain a license and pay any late charge assessed is separate from and in addition to the forfeiture and related costs.
(b) Impoundment of Cat or Dog.
Any cat or dog violating any provision of this subsection may be seized and impounded by any Village of Deerfield police officer. Upon seizing any cat or dog, the officer shall turn same over to a veterinarian or pound keeper in Dane County. The officer shall use reasonable diligence to ascertain who the Owner is and to notify the Owner that the cat or dog has been seized and impounded. The Owner shall be responsible for paying the veterinarian or pound keeper the reasonable charges for the costs of impoundment. Impounded cats or dogs may be destroyed by the veterinarian or pound keeper.
10.05 CONTROL OF WEEDS AND GRASSES
(1) Cutting of Grasses and Weeds. In order to preserve property values to protect the public health and safety, all owners of property within the Village of Deerfield shall keep such property free from noxious weeds and tall grass. Such property shall be mowed whenever such grass exceeds eight inches in height; provided, such mowing shall occur not less than once each calendar month from April through September.
(2) Failure to Cut Grasses and Weeds. In case any owner of property shall fail to comply with the requirements as set forth in (1), then in that event, it shall be the duty of the Enforcement Officer to have said property mowed and report in writing to the Village Clerk the cost for so doing, and said Village Clerk shall spread the same at the same at a minimum charge of $80.00 as a special tax, on the tax roll, against the property owner for whom the service was rendered.
10.06 PROHIBITION OF SMOKING IN PUBLIC PLACES
Cigarette, cigar, pipe and other smoking is prohibited in the Village Hall, Police Station, the Public Works Garage, Sewage Treatment Plant, The Public Library and all village vehicles. This prohibition with respect to other than village vehicles took effect on April 1, 1993, and shall take effect as to village vehicles on May 13, 1996.
10.07 UNAUTHORIZED DISPOSAL OF GARBAGE OR REFUSE OR REMOVAL OF MATERIALS FROM GARBAGE OR REFUSE SITES
(1) Violation.
(a) It shall be unlawful for any person, firm, or corporation that is not a resident of the Village of Deerfield to transport, convey, deliver, or bring into the Village limits any garbage or refuse with the intent that the garbage or refuse be collected by the Village’s refuse collector or be disposed at a site or sites used for disposal or garbage or refuse. It shall be unlawful for Village residents to dispose of garbage or refuse at said site(s) without first obtaining written approval from the Village Board. 5/30/85; 12/22/86; 1/11/88; 3/27/89; 2/22/93; 5/13/96
(b) It shall be unlawful, without prior written approval from the Village Board, for any person, firm, or corporation, whether or not it is a resident of the Village of Deerfield, to remove any materials or items that have been deposited at a site or sites used for disposal of garbage or refuse.
(2) Penalty.
The penalty for violations of §10.06(a) shall be forfeiture of no less than $50 nor more than $500 per offense.
10.08 PENALTY
If the penalty for violating any portion of this Chapter 10 is not specified herein, section 23.04 of the Deerfield Village Code shall be controlling. Section 23.04 shall also govern for violation of any order of the Village Enforcement Officer. A separate offense shall be deemed committed on each day in which the violation occurs or continues.
3/27/89