HomeMy WebLinkAboutUrban Chicken memo & ordinanceItem 10
City of Oshkosh
Department of Community Development
Planning Services Division
215 Church Ave., PO Box 1130
Oshkosh, WI 54903 -1130
(920) 236 -5055 (920) 236 -5053 FAX
http: / /www.ci.oshkosh.wi.us
Allen Davis, Director
Department of Community Development
Darryn Burich, Director
Planning Services Division
TO:
Sustainability Advisory Board
FROM:
Robin Leslie, Principal Planner
RE:
Urban Chicken Ordinance Draft
DATE:
1/26/11
Please see the attached revision of Chapter 6- Animals from the City of Oshkosh Municipal Code (only the
sections that apply to chickens).
The following agreed upon elements were added to the chapter or were already covered in the chapter:
1) No person shall keep or maintain any domestic fowl within the City limits prior to obtaining an annual
license from the City. Any person who chooses to keep or maintain any domestic fowl must register
the address where the fowl are to be kept with the State (S. 95.51, Wis. Stats. And ch. ATCP 17, Wis
Adm. Code).
2) Roosters are prohibited.
3) The slaughter of chickens is prohibited.
4) A maximum of 4 hens may be kept per residential lot in areas zoned R -1, (Single Family Residence
District), or R -2 (Two Family Residence District)
5) Chickens shall be provided an enclosed, predator - proof, insulated enclosure that is adequately
ventilated and sufficient in size to allow free movement of the chickens. All enclosures must conform
to the following standards:
6) Enclosures shall measure a minimum of seven (7) square feet in area or three (3) square feet in area
per chicken, whichever is greater.
7) Enclosures must be so constructed and maintained as to prevent rodents from being harbored
underneath or within the walls thereof.
8) Enclosures shall provide elevated perches to ensure the chickens are able to rest in their natural
roosting position.
9) Each enclosure shall provide one nest box per hen.
10) Enclosures shall be kept in good repair, in a clean and sanitary condition, and free from all
objectionable odors at all times.
11) No enclosure, food storage unit, or waste compost shall be located closer than 25 feet to any primary
residential structure on an adjacent lot.
12) Chickens shall be secured within the enclosure during non - daylight hours.
13) In addition to an enclosure, hens shall be provided an outdoor chicken run.
14) Chickens must have outdoor access for the majority of daylight hours, weather permitting.
15) Chickens must have regular access to nutritious food formulated to meet the nutrient requirements of
chicks or adult chickens, as appropriate, and continuous access to clean, potable water.
16) No person shall permit any chicken to be at large within the City in accordance with Section 6 -17 of
this code.
17) No person shall permit any chicken to be a nuisance to any neighbors, including but not limited to,
objectionable odors from the animals or their enclosure and noise of a loud, persistent, and /or
habitual nature (this is addressed in chapter 17.
18) City Health staff and /or inspections staff retain the right to inspect chicken enclosures with issues of
objectionable odors, issues of human and /or bird health, or concerns with sanitation.
19) Cruelty to any chicken is prohibited in accordance with Section 6 -7 of this code.
If you have any questions or concerns, please contact me at 920 - 236 -5058 or rleslieQci.oshkosh.wi.us to
discuss. Thank you.
City of Oshkosh
ARTICLE I. DEFINITIONS
6 -1 DEFINITIONS.
CHAPTER 6
ANIMALS
ARTICLE II. LICENSING OF DOGS AND CATS
6 -2 STATE STATUTES ADOPTED
6 -3 LICENSE; REQUIRED
6 -4 LICENSE; FEES
ARTICLE III. GENERAL REGULATIONS
6 -5 STATE STATUTES ADOPTED
6 -5.5 HUMANE OFFICER; APPOINTMENT; AUTHORITY
6 -5.6 ABATEMENT ORDERS
6 -6 ANIMALS, FOWL, AND INSECTS NOT PERMITTED IN CITY
6 -6.5 FEEDING OF DEER PROHIBITED
6 -7 CRUELTY TO ANIMALS
6 -8 LIMIT NUMBER OF DOGS AND CATS
6 -9 PET LITTERING
6 -10 ANIMAL TRAPS
6 -11 PROHIBITED AREAS FOR ANIMALS
6 -12 BARKING DOGS
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ARTICLE IV. ANIMAL SHELTER / IMPOUNDMENT OF ANIMALS / RABIES CONTROL
PROGRAM
6 -13 STATE STATUTES ADOPTED
6 -14 RABIES VACCINATION
6 -15 RABIES CONTROL
6 -16 VICIOUS ANIMALS
6 -17 ANIMAL RUNNING AT LARGE PROHIBITED
6 -18 IMPOUNDMENT
ARTICLE V. PET STORES /COMMERCIAL KENNELS
6 -19 LICENSE REQUIRED
ARTICLE VI. PENALTIES
6 -20 PENALTIES
6 -21 PENALTIES - JUVENILE
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ARTICLE I. DEFINITIONS
SECTION 6 -1 DEFINITIONS.
(A) As Used In This Chapter:
(1) Animal includes every living:
(a) warm blooded creature, except a human being,
(b) reptile,
(c) amphibian or
(d) bird.
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(3) Owner shall mean and include every person having a right of property in an animal and /or
having such animal in his or her care or possession.
(4) Commercial Kennel shall mean an establishment wherein any person is engaged in the
business of breeding, buying, letting for hire, training for a fee and /or selling of dogs and /or
cats, with the exception of veterinary hospitals or pet shops.
(5) Boarding Kennel shall mean an establishment wherein any person is engaged in the
business of boarding of animals for a period of 12 consecutive hours or longer. Boarding
Kennel shall not include veterinary hospitals, pet shops or commercial kennels.
(6) Grooming Salon shall mean an establishment for the purpose of grooming, bathing,
brushing and /or clipping of any dog, cat or other animal for a fee.
(7) Impound or Isolation Facility shall mean the Oshkosh Humane Society, a veterinary
hospital, or other place specified by the supervising officerwhich is equipped with a pen or
cage which isolates the animal from contact with other animals.
(8) Officer shall mean a peace officer as defined under Section 939.22(22) Wisconsin
Statutes., a community service officer, the Health Director of the City of Oshkosh or his /her
designee, employees of the Oshkosh Humane Society. The "supervising officer" shall
mean that officer designated by the City of Oshkosh Health Director to supervise the
individual case.
(9) Pet Shop shall mean any business where animals, birds, amphibians and /or reptiles are
kept or displayed for sale or free distribution.
(10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian
stating the brand of vaccine used, manufacturer's serial number of the vaccine used, and
describing the animal, age and breed, owner and vaccination tag number indicating that the
animal has been immunized against rabies.
(11) Vicious Animal shall mean:
(a) any animal that, has on two (2) or more reported occasions when unprovoked, bitten,
injured, killed, damaged, or attacked a human being or animal on either public or
private property; and /or
(b) any animal trained or used for fighting against another animal.
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Notwithstanding the definition of a "vicious animal" above, no animal may be declared
vicious if 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 orwas committing or attempting to
commit a crime or violating or attempting to violate a statute or ordinance which protects
person or property.
No animal may be declared vicious if death, injury or damage was sustained by a domestic
animal which was teasing, tormenting, abusing, or assaulting the animal.
No animal may be declared vicious if the animal was protecting or defending a human being
within the immediate vicinity of the animal from an unjustified attack or assault.
No animal may be declared vicious for acts committed by said dog while being utilized by a
law enforcement officer.
ARTICLE II. LICENSING OF DOGS AND CATS
SECTION 6 -2 STATE STATUTES ADOPTED
The rules and regulations pertaining to licensing, specifically Sections 174.001(2m), 174.05, 174.053,
174.054, 174.055, 174.07 and 95.51 Wisconsin Statutes and ChapterATCP 17, Wisconsin Administrative
Code', together with any future additions, deletions or supplements thereto, are herewith incorporated as
part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein.
Providing, however, that where such rules and regulations are less stringent than other provisions found in
this Code, the provisions of this Code shall apply. The rules and regulations pertaining to licensing shall
apply also to cats and chickens within the city of Oshkosh.
SECTION 6 -3 LICENSE; REQUIRED
(A) Every owner residing in the city who owns, harbors, or keeps a dog or cat which is more than five (5)
months of age as of January 1 of each year, shall annually obtain a license therefor. The license
year shall commence on January 1 and licenses shall expire on December 31 of that year.
(B) When a dog or cat becomes five (5) months of age, the owner shall obtain a license within thirty (30)
days thereof.
(C) Each owner obtaining a license for operating a kennel shall be excluded from this licensing
procedure, but shall be required to obtain a kennel license.
SECTION 6 -4 LICENSE; FEES
Every owner of a dog or cat or chicken shall pay the City Treasurer prior to January 1 of each year, the sum
of Five Dollars ($5.00) for each dog or cat or chicken, except that the fee shall be Twelve Dollars ($12.00)
for each unneutered male dog or cat or unspayed female dog or cat. In the event such license fee is not
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paid prior to April 1 or within 30 days of acquiring ownership of a licensable dog or cat or chicken', or if the
owner failed to obtain a license on or before the date the dog or cat reached licensable age, an additional
fee of Seven Dollars ($7.00) shall be assessed and collected.
ARTICLE III. GENERAL REGULATIONS
SECTION 6 -5 STATE STATUTES ADOPTED
The following statutes together with any future additions, deletions or supplements thereto, are herewith
incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth
in full herein. Providing, however, that where such rules and regulations are less stringent than other
provisions found in this Code, the provisions of this Code shall apply.
174.042 Dogs running at large and untagged dogs
951.02
Mistreating Animals
951.025
Decompression Prohibited
951.03
Dognapping and Catnapping
951.04
Leading animal from motor vehicle
951.05
Transportation of animals
951.06
Use of poisonous and controlled substances
951.07
Use of certain devices prohibited
951.08
Instigating fights between animals
951.09
Shooting at caged or staked animals
951.095
Harassment of Police and Fire Animals
951.10
Sale of baby rabbits, chicks and other fowl
951.11
Artificially colored animals; sale
951.13
Providing proper food and drink to confined animals
951.14
Providing proper shelter
951.15
Abandoning Animals
95.51
Livestock Premises Registration'
The rules and regulations pertaining to licensing, impoundment, running at large and untagged, and rabies
control shall apply also to cats within the city of Oshkosh.
SECTION 6 -5.5 HUMANE OFFICER; APPOINTMENT; AUTHORITY
Pursuant to Section 173.03 of the Wisconsin Statutes, the Common Council for the City of Oshkosh, may
from time to time, appoint one or more Humane Officers. Humane Officers shall have the authority specified
in chapter 173 and shall be under the direction of the Chief of Police or his /her designee.
SECTION 6 -5.6 ABATEMENT ORDERS
(A) Issuance of Order. After investigation, if a humane officer or law enforcement officer has
reasonable grounds to believe that a violation of a statute or ordinance is occurring and that the
violation is causing or has the potential to cause injury to an animal, the humane officer or law
enforcement officer may issue and serve an order of abatement pursuant to Section 173.11 of the
Wisconsin Statutes.
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(B) Hearing Officer. Any person named in an order issued under sub. (A) may, within the 10 day period
following service of the order, request a hearing on the order. The Health Director shall conduct the
hearing pursuant to the provisions of Section 173.11 of the Wisconsin Statutes. If the Health
Director is unable to act, the City Manager shall appoint another person to act as the hearing officer
under this Section.
(C) Appeal. Appeal from the decision of the Health Director or other official shall be as provided in
Section 173.11 of the Wisconsin Statutes.
SECTION 6 -6 ANIMALS, FOWL, AND INSECTS NOT PERMITTED IN CITY
(A) No person shall bring into, keep, maintain, offer for sale or barter, or release to the wild, nor shall
any person permit such activities to occur on premises owned, controlled, rented or maintained by
that person, except as provided in Section 6 -19 (1) :
(1) Any fowl or poultry (exception for chickens), cattle, horses, sheep, swine, goats, pot - bellied
pigs, or any other domesticated livestock, unless part of an agricultural operation authorized
by the City of Oshkosh Zoning Ordinance Chapter 30 of the Municipal Code.
(2) Wild animals, including but not limited to, any live monkey, or other non -human primate,
raccoon, skunk, ferret, prairie dog, fox, wolf, panther, lynx, opossum, or any other warm -
blooded animal which can normally be found in the wild state. For the purposes of this
Code, wolf -dog hybrids are considered wild animals.
(3) Any poisonous or venomous, biting or injecting species of reptiles, amphibians, arachnids, or
insects, including bees.
(4) Snakes not indigenous to Wisconsin or any snake exceeding three feet in length.
This Section shall not be construed to apply to zoological parks, circuses or like entertainment
organization or to an educational or medical institution.
SECTION 6 -6.5 FEEDING OF DEER PROHIBITED
(A) It shall be unlawful for any person to place any feed including but not limited to salt, minerals,
grain, corn, fruit, vegetable material or any other type of feed on the ground or in feeders,
mangers or any other type of structure or receptacle for the purpose of feeding deer or enticing
deer onto anyone's property in the city except as provided in Subsection (C) of this Section.
(B) There shall be a rebuttable presumption that either of the following acts are for the purpose of
feeding whitetail deer:
1. The placement of salt, minerals, grain, corn, fruit, vegetable material or other type of feed in
an aggregate quantity of greater than one -half gallon at a height of less than six feet off the
ground.
2. The placement of salt, minerals, grain, corn, fruit, vegetable material or any other type of
feed in any aggregate quantity in a drop feeder, automatic feeder or similar device
regardless of the height of the feeder or device.
(C) This Section shall not apply to the following situations:
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1. Naturally growing grain, fruit or vegetable material, including gardens and residue from
lawns, or gardens and other vegetative materials maintained as a mulch or compost pile.
2. Unmodified commercially purchased bird feeders or their equivalent.
3. Deer feeding may be authorized on a temporary basis by the common council for deer
management practices authorized by the City.
SECTION 6 -7 CRUELTY TO ANIMALS
(A) Every owner or person responsible shall provide animals with a sufficient supply of good /wholesome
food and potable water to maintain health.
(B) No person shall confine and /or allow animals to remain outside during adverse weather conditions
constituting a health hazard to such animal.
(1) Sufficient shade by natural or artificial source shall be provided to protect the animal from
direct sunlight.
(2) Natural or artificial shelter appropriate to the local climatic conditions shall be provided as
necessary.
(C) Every owner and /or person in charge or control of any animal which is kept outdoors, or in an
unheated enclosure, shall provide such animal with shelter and bedding as prescribed in this
Section as a minimum.
(1) The housing facilities shall be structurally sound, moisture proof and maintained in good
repair.
(2) Enclosures shall be constructed and maintained to provide sufficient space to allow each
animal adequate freedom of movement and the retention of body heat.
(3) A solid floor raised at least 2" off the ground (exception for chickens).
(4) An entrance covered by a self - closing swinging covering, or an L- shaped entrance to
prevent the wind from blowing directly into the house (exception for chickens).
(5) A sufficient quantity of suitable clean bedding material, to provide insulation and protection
against the cold and dampness and promote the retention of body heat.
(D) Every owner that houses or confines an animal in a pen or enclosure shall keep and maintain such
pen or enclosure in a clean, sanitary and odor free condition.
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(E) No person may abandon or neglect any animal.
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(F) No person shall kick, beat, cruelly ill- treat, torment, overload, overwork, or otherwise abuse any
animal.
(G) No person may cause or allow an animal to be placed or confined in a motor vehicle under such
conditions or for such a period of time, without adequate ventilation, as to endanger the health or
well being of such animal due to temperature, humidity, lack of food or drink, or such other
conditions as may be reasonably expected to cause suffering, disability or death.
(H) No person may intentionally instigate, promote, aid or abet as a principal, agent or employee, or
participate in the earnings from, or intentionally maintain or allow any place to be used for a
cockfight, dogfight, bullfight or other fight between the same or different kinds of animals or between
an animal and a person (951.08).
(1) No theatrical exhibit or act shall be held in which animals are forced or encouraged to perform
through the use of chemical, electrical or mechanical devises (951.07).
(K) The performance of any act prohibited by this Section, or the non - performance of any act required
by it, shall be deemed cruelty to animals and subject to the provisions of Sections 951.15 and
951.16 Wisconsin Statutes adopted herein. Impoundment of animals underthis Section shall be as
prescribed in Section 6 -18 of this Municipal Code.
SECTION 6 -8 LIMIT NUMBER OF DOGS AND CATS
(A) Purpose. The owning, harboring and keeping by any person(s) of a large number of dogs, cats or
combination thereof within the city, detracts from the quality of life within the entire residential district
due to various noise, odor, health and safety problems which constitute a public nuisance.
(B) Limitation. No person may own, harbor or keep in their possession, within the city, more than three
(3) dogs, five (5) cats or combination not to exceed a total number of five (5) animals thereof, over
the age of five (5) months, except when they possess a Kennel License which is in full force and
effect.
(D) Exemptions.
(1) Any person owning, harboring or keeping in their possession within the city, on March 2,
1996, more than five (5) dogs, cats or combination thereof, over the age of five (5) months,
shall be permitted to own, harbor or keep in their possession said dogs and /or cats provided
that:
(a) Required license fees for each dog and /or cat have been paid, the licenses are
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The exception being a litter of pups /and or kittens or a portion of a litter, may be kept for a period of
time not exceeding five (5) months from birth.
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continually maintained in full force and effect, and proof thereof is furnished to City
personnel empowered to enforce this ordinance upon request.
(b) Required and effective rabies immunization for each dog and /or cat has been
procured, and effective level of rabies immunization continuously maintained, and
proof thereof furnished to City personnel empowered to enforce this ordinance upon
request.
(c) However this exemption shall not authorize the replacement of any dog and /or cat
until the specified limitation within this ordinance is complied with. The burden of
proving entitlement to this exemption is upon the party seeking the exemption.
(2) This Section shall not apply to properly licensed facilities under article V of this chapter, the Oshkosh
Humane Society or veterinary hospitals.
SECTION 6 -9 PET LITTERING
No owner shall allow their animal to soil, defile, defecate on or commit any nuisance on any private or public
property unless the owner immediately removes and disposes of all feces so deposited in a proper
receptacle located upon the owner's property or upon another's property with permission in accordance with
the provisions of Chapter 23 of this Municipal Code.
SECTION 6 -10 ANIMAL TRAPS
Any unlicensed trap, snare, spring gun, set gun, net or other device or contrivance which might entrap,
ensnare, or kill game, or any trap without a metal tag attached as required by Section 29.03(5)Wisconsin
Statutes shall be prohibited, except for live traps.
SECTION 6 -11 PROHIBITED AREAS FOR ANIMALS
(A) A person owning or in charge of any animal shall not permit such animal to be upon City operated
beaches or City operated cemeteries.
(B) A person owning or in charge of any animal shall not permit such animal to be upon any City
operated park.
(C) A person owning or in charge of any animal shall not permit such animal to be upon the premises of
the Lake Shore Municipal Golf Course.
(D) The provisions of paragraphs (a) to (c) above shall not apply to animals assisting disabled persons.
SECTION 6 -12 BARKING DOGS
ARTICLE IV. ANIMAL SHELTER / IMPOUNDMENT OF ANIMALS / RABIES
CONTROL PROGRAM
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(6) Sale or Transfer of Possession.
(a) No person may sell or transfer possession of a vicious animal to another person
without first notifying the person to whom the vicious animal is being sold or
transferred, of the fact that such is a vicious animal and of any requirements
imposed upon the owner of such animal by this ordinance.
(b) No person may sell or transfer possession of a vicious animal to another person
without first notifying the Health Director thereof, in writing to be received at least five
(5) business days in advance of the sale or transfer of possession.
(B) Destruction or Death of Vicious Animals. If a vicious animal is euthanized, the owner thereof shall
provide to the City of Oshkosh Health Director within ten (10) days of the date of death of the animal
a certificate or other written proof of euthanasia from a licensed veterinarian. If a vicious animal is
killed, destroyed or dies from any other cause or means, the owner shall within ten (10) days of the
date of death of the animal provide in writing to the City of Oshkosh Health Director verification of
the death of the animal.
SECTION 6 -17 ANIMAL RUNNING AT LARGE PROHIBITED
manner.
SECTION 6 -18 IMPOUNDMENT
The rules and regulations pertaining to impoundment, specifically Sections 173.13, 173.17, 173.19, 173.21,
173.22, 173.23, 173.24, and 173.25, Wisconsin Statutes, together with any future additions, deletions or
supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same
force and effect as though set forth in full herein. Providing, however, that where such rules and regulations
are less stringent than other provisions found in this Code, the provisions of this Code shall apply.
ARTICLE V. PET STORES /COMMERCIAL KENNELS
SECTION 6 -19 LICENSE REQUIRED
(A) Pet Store Permit No person or firm shall operate or maintain a pet store in the city without a
license /operating permit issued by the Director of Health. The fee for issuance of such permit is
Seventy Dollars ($70.00) annually and said permit expires on June 30 of each year.
(B) Commercial Kennel License. The rules and regulations pertaining to licensing, specifically Section
174.053, Wisconsin Statutes, together with any future additions, deletions or supplements thereto,
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