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SUSTAINABILITY ADVISORY BOARD
February 7, 2011
Present: Steve Barney, Michelle Bogden Muetzel, Margy Davey, Justin Mitchell, Jan Scalpone
Excused: Kimberly Biedermann, Bob Breest, Bob Poeschl, Allan Siman
Staff: Robin Leslie, Principal Planner
CALL TO ORDER
The meeting was called to order at 4:00 p.m. by Chair Justin Mitchell.
APPROVE MINUTES
Motion by Jan Scalpone and second by Margy Davey to approve the minutes from the last meeting. Motion
carried 5 -0.
PUBLIC COMMENT
None
JULY & SEPTEMBER 2011 /JANUARY 2012 MEETING DATES
Robin Leslie mentioned that the regularly scheduled meetings for these months fall on City holidays.
Motion by Justin Mitchell and second by Jan Scalpone to cancel the July and September meetings and to
move the January meeting to the second Monday of the month, January 9 Steve Barney stated he was
opposed to lack of frequency of meetings. Motion carried 4 -1 (Barney voting against).
RESIDENTIAL STORMWATER CREDIT PROGRAM
Dave Patek and James Rabe, both of the Public Works Department, gave the Board an update on how this
program works.
The Board then discussed the program with the Public Works representatives.
SAB WEBSITE UPDATES: PUBLIC TRANSPORTATION HANDOUT
Justin Mitchell mentioned this item needs to be updated. Jan Scalpone volunteered to update the handout.
Mr. Mitchell reminded the Board that if anyone would like to work on the website to please volunteer.
2011 STATE OF THE CITY DISPLAY -MARCH 21
Robin Leslie stated that the City Manager invited the Board to provide a display area at the State of the City
event on March 21
Steve Barney volunteered to man the display but stated he would like an additional person to help.
SUSTAINABILITY ANNUAL REPORT PLANNING
Robin Leslie mentioned to the Board that as a result of the Sustainability Workshop she attended, the City
was compiling an annual sustainability report and solicited assistance from the Board to forward SAB
accomplishments that may be highlighted in the report.
PSC AND EPA's FIX A LEAK WEEK
The Board discussed Fix A Leak Week, which is March 14 -20th
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Motion by Margy Davey and second by Jan Scalpone to recommend the following:
1. Confirm partnership with the PSC on this initiative;
2. City draft a 1 -2 page document detailing leak detection efforts and estimated benefits of efforts (already
included in current utility bills);
3. Draft a press release for posting on the main city website, along with a link to the following:
http: / /www.epa.gov/WaterSense/ docs/ fixaleak_familyfactsheet508.pdf (Also post this link on the SAB
website and utilities website)
4. Recommend the city pursue a partnership with the school district to make students aware of this initiative
through use of the EPA's Fix A Leak Teachers Guide
( http: / /www.epa.gov/WaterSense /docs /fixaleak teacherguide5Q8.pdf or other related material.
5. Recommend that a brief ( >1 min) public service announcement be created for OCMS TV and Radio
based upon the EPAs Leak Identification and Statistics found here:
http://www.epa.gov/WaterSense/pubs/fixleak.html
Motion carried 5 -0.
URBAN CHICKEN ORDINANCE
Robin Leslie mentioned the following agreed upon elements were added to the existing Chapter 6, Animals,
of the Municipal Code 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. 95.5 1, 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.
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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 (this item is
addressed in Chapter 17, Morals & Conduct, of the Municipal Code).
19) Cruelty to any chicken is prohibited in accordance with Section 6 -7 of this code.
The Board discussed the proposed ordinance.
Motion by Jan Scalpone to approve proposed ordinance changes as presented. Motion failed for lack of
second.
Motion by Justin Mitchell and second by Margy Davey to approve the proposed ordinance changes with the
following changes:
Section 6 -8 (D)
Remove "provided that all families living in the R -2 property where a chicken license is requested consent
to the presence of chickens."
Section 6 -12
Title, `Barking Dogs," should be changed to "Animal Noise."
Motion carried 5 -0.
SUSTAINABILITY PLAN CHANGE RECOMMENDATIONS
The Board discussed the submitted change recommendations from Board members and acted on the
following:
Justin Mitchell:
Environmental Conservation
1) Environmental Conservation: Replace "the watershed drains almost 12 percent of the state" with a
sentence that describes what watershed and what it means to drain 12 percent of the state ". The current
sentence is uninformative and unhelpful. (change accepted 5 -0)
2) Environmental Conservation: after "lakes classified as impaired water" insert "by the Wisconsin DNR"
(change accepted 5 -0)
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3) Environmental Conservation: replace "an outcome of the visioning process" with "as supported by the
2010 Vision Oshkosh community survey". (change accepted 5 -0)
4) Environmental Conservation: Replace choice with voluntary, and reduce the repetition of this theme, as
it doesn't contribute value to the section
" eheiee, tee The city aims to improve its natural appearance and plant more trees, an outcome of the
visioning process. Both the regulatory and eheiee voluntary options reflect what the nation, state and local
community consider important." (change accepted 5 -0)
5) Environmental Conservation Waterways Protection: Impervious Surfaces: add at end " Continue
reduction of road width efforts and explore single -side on -road parking" (change accepted 5 -0)
6) Environmental Conservation Waterways Protection: Pollution control and habitat protection" - after
"city shoreland to protect against polluted run -off, discourage geese" add "improve aquatic habitat,"
(change accepted 5 -0)
7) Environmental Conservation Waterways Protection: Citizen safety: After first sentence, add the
following sentence: "Develop a process for identifying and resolving water pollution issues" (change
accepted 5 -0)
8) Environmental Conservation Water Conservation: Water Efficiencies: insert " Offer innovative
incentives for residential, commercial, and industrial water conservation improvements such as low -flow
showerheads, low -flow restaurant dish sprayers, and other proven conservation measures" (change
accepted 5 -0)
9) Environmental Conservation Natural Environment — natural look: after "such as gateways" insert "and
the hwy 41 corridor" (change accepted 5 -0)
10) Environmental Conservation Natural Environment — add at the end "Continue the development of new
park space in residential neighbors without access to a neighborhood park" (change accepted 5 -0)
11) Environmental Conservation Natural Environment: after "replacement during development" insert
"adopt a tree planting policy to require appropriate placement of trees during all road construction" (change
accepted 5 -0)
Atmosphere
1) Atmosphere: after "diminish our health" insert ",harm wildlife," (change accepted 5 -0)
2) Atmosphere: remove "people spend most of their time indoors" (change accepted 5 -0)
3) Atmosphere: replace "construction equipment and power tools" with "construction equipment, power
tools and other human activity" (change accepted 5 -0)
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4) Atmosphere: List the companies that contribute 98% of toxic air emissions — other communities list the
business they intend to closely collaborate with, and we should too. This isn't a negative, rather an indicator
that can be referenced when significant improvements continue to be achieved (change accepted 5 -0)
5) Atmosphere: Why is there no data present on allergin prevelance in schools, or ashthma in school
children, or lead poisoning in school children (often from breathing lead dust)? Further, why is there no
data on the frequency of traffic (has it increased or decreased, which relates to air pollution" (change
accepted 5 -0)
6) Atmosphere: I have not had a chance to review the data from the DNR, but I recall numerous times
when the air quality for Winnebago County was determined to be less than "good ". I will attempt to follow
up with the data for the meeting. If contrary documentation is identified, I will present a correction to the
listed data in the report (change accepted 5 -0)
7) Atmosphere: Air quality Improvements: at the end of the first sentence, add "through incentives,
technical support, and collaboration with UW Oshkosh and Fox Valley Technical College." (change
accepted 5 -0)
8) Atmosphere: Air quality Improvements: insert "actively promote and enforce backyard burning
restrictions and regulations" at the end. (change accepted 5 -0)
9) Atmosphere: Indoor Air Quality: add sentence at end "develop innovative programs to education and
assist homeowners, landlords, and renters in resolving indoor air quality issues and preventing potential
hazards" (change accepted 5 -0)
10) Atmosphere — question that if we include noise pollution, why not light pollution? (change accepted 5-
0)
Managing waste: no reference to pollution leaching into water (change accepted 5 -0)
Steve Barney:
1. Section: "Atmosphere," pg 10.
The last sentence of the 2nd paragraph refers to "a 2007 resolution to approve the US Mayors Climate
Protection Agreement ", and "a 2008 resolution to adopt milestones to reduce greenhouse gas and air
pollution." I suggest the addition of explicit citations to those resolutions, so an interested reader can look
them up and read them:
- Resolution 07 -262, passed 5 -2 by the Oshkosh Common Council on Sept 11, 2007
- Resolution 08 -295, passed unanimously by the Oshkosh Common Council on Aug 26, 2008 (change
accepted 5 -0)
2. Section: Green Economy: Triple Bottom Line, pg 22.
Please add a reference to the STAR Community Index, which is supposed to help communities implement
the "triple bottom line" sustainability concept (economy, environment, and social equity). Here's a passage
from ICLEI's STAR Community Index webpage, which could be incorporated in the text:
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"A National Framework for Sustainable Communities The STAR Community Index is a national,
consensus -based framework for gauging the sustainability and livability of U.S. communities. STAR will be
launched in 2011, and is currently being developed through a partnership between ICLEI -Local
Governments for Sustainability ( ICLEI), the U.S. Green Building Council (USGBC), and the Center for
American Progress (CAP)." http: / /www.icleiusa.org /star (change accepted 5 -0)
Staff:
Government section - verbiage about the use of zero or low -VOC paint, glues, materials in City buildings
(existing and new). (addressed in Michelle Bogden Muetzel's Atmosphere, section Indoor Air Quality
comments)
Atmosphere - please address note: Committee questioned whether "Indoor Air Pollution belongs in this
section or a Community Health section. (SAB felt it could go in either section or both)
Administrative Services Comments:
Through an Energy Efficiency Conservation Block Grant (EECBG), Melt feeently the city commissioned
the McKinstry study to audit municipal buildings and create a plan for energy savings. (change accepted 5-
0)
Policies:
Administering Sustainability.
Cfeate Seek the creation of a position responsible for coordination sustainable activities. of Suss inab ity
Dif t ef fi g t the City Manage
SAB recommendation: Seek the creation of a position responsible for coordination sustainable
activities reporting to the City Manager. (change accepted 5 -0)
Incorporate sustainability responsibilities in job descriptions for relevant city staff Forma green team
of representatives from each department under direction of the Sustainability Coordinator Difeeter (change
accepted 5 -0)
to evaluate and implement internal sustainable actions. When the Sustainability Plan is completed age seek
adoption by the Common Council. (change accepted 5 -0)
Suggest Fespensibility lies with the Sustainability Advisefy •
(change not accepted 5-0)
Green Building. ^ire As fiscal resources permit, adopt the LEED Green Building Rating System and
Energy Star label for new municipal buildings, additions and renovations. (change not accepted 5 -0)
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Purchasing. Develop a purchasing policy that incorporates preferences for sustainable purchasing. Adept
When possible, utilize Full Cost Accounting (FCA) to analyze all costs, advantages, and alternatives.
(change not accepted 5 -0)
Use This process should be an option rather than relying solely on the low bid process. (change not
accepted 5 -0)
Medi€y Develop requests for proposals, specification and contract language to erne promote sustainable
energy r,-,,,.°,aufes a practices as an integral part of each project. (change not accepted 5 -0)
Adopt purchasing policies for Enefgy Sta procuring equipment, computers and appliances that consider and
promote energy savings (using ENERGY STAR procurement policies as guidelines) e ity (change
accepted as amended 5 -0)
Continue to encourage use of electronic documents and email rather than generating paper copies. Continue
to work with vendors to reduce packaging. Continue to buy local when possible. Eventually reduce or
eliminate non -green products and cleaners. Continue to partner in shared purchasing ventures. (change
accepted 5 -0)
Environmental Considerations.
Install low flow faucet aerators and high efficiency toilets in all municipal bathrooms to conserve water.
Discourage use of bottled water by installing filtefs in tars (change not accepted 5 -0)
Human Resources.
Adopt human resource management practices that support sustainability objectives, such as allowing flex
time or telecommuting, of eff ring i for use of public transit, biking, and ride - sharing. (change not
accepted 5 -0)
Continue to provide a wellness program and maintain efforts to become certified as a Well Workplace.
Provide ., living w ag-e appropriate compensation for all city employees. (change not accepted 5 -0)
NEXT MEETING MONDAY, MARCH 7TH
Chair Mitchell reminded the Board the next regularly scheduled meeting is Monday, March 7 th at 4:00 pm.
2010 GOALS REVIEW /2011 GOAL SETTING
The Board discussed votes on 2011 goals and assigned the following to existing and one new "to be named"
subcommittee:
ENVIRONMENT SUBCOMMITTEE
Category: Expand/Improve Natural Areas (6 votes)
Goals:
1. Natural area in Menominee Park
2. Encourage native perennials on City of Oshkosh sites
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3. Take action on natural environment section of environmental conservation section in Sustainability
Plan (start committee)
4. Create streetscape tree /terrace tree ordinance and get it passed
5. Expand park space
Category: Water Quality (5 votes)
Goals:
1. Water Star or similar program certification
2. Stop -A -Leak program
3. Shoreland restoration/explore grants for shoreland restoration project for Lake Winnebago
4. Create ban on use of harmful chemicals/Miller's Bay chemical reduction
5. Prepare brochure to protect water quality
6. Identify a municipal building that may be suitable for a green roof project and establish a timeframe
7. Create rainwater project at City Hall /rain water projects
8. Develop signage program for stormwater projects
Category: Community Gardens (2 votes)
Goals:
1. Identify one school to serve as an example for a small community garden
2. Work with City to identify (3) possible areas for permanent community gardens
ENERGY EFFICIENCY SUBCOMMITTEE
Category: ICLEI, LEED, ENERGY STAR (2 votes)
Goals:
1. Encourage City of Oshkosh adoption of LEED
2. Complete ICLEI Milestones 1 -3
3. Take ENERGY STAR challenge for communities, join ENERGY STAR and develop programs to
engage community
4. Implement Oshkosh Common Council Resolutions 07 -262 (MCPA) and 08 -295 (ICLEI) and apply
to whole community and municipal operations
(TO BE NAMED) SUBCOMMITTEE
Category: Buy local (1 vote)
Goals:
1. Research and publish green business directory for Oshkosh
2. Develop "Buy Oshkosh" program
Category: Awareness and Promotion (0 votes)
Goals:
1. Promote active partnerships with Focus on Energy, ENERGY STAR, UWO and local businesses
2. Increase communication with other City boards and City departments
3. Community clean -up day
4. Increase public awareness of sustainability issues
5. Develop plan for public involvement and education for sustainability issues
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Category: Waste Reduction (6 votes)
Goals:
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1. Work on waste reduction through composting, volume -based garbage system and more plastic
recycling
2. Promote ban on Styrofoam containers and plastic bags and instead encourage use of biodegradables.
3. Create cloth bag campaign (e.g. work with "x" number of stores that will offer "x %" discount if
cloth bag is used
4. Create ban on plastic water bottles
5. Community buy -in to significantly reduce paper /plastic bag usage
SUSTAINABILITY PLAN STEERING COMMITTEE
Category: Complete Sustainability Plan (1 vote)
Goals:
1. Complete plan and gain approval by Council
2. Use GHG inventory and software for cost /benefit analysis, prioritization and budgeting
SAB REPRESENTATION ON THE BIKE/ PED PLAN COMMITTEE (BOB BREEST)
Category: Bike/Ped Plan (2 votes)
Goals:
1. Complete, adopt and implement Bike/Ped Plan
ADJOURN
Motion by Margy Davey and second by Jan Scalpone to adjourn the meeting. Motion carried. Meeting
adjourned at 6:30 pm.
Respectfully submitted,
Robin Leslie
Principal Planner
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CHAPTER 6
ANIMALS
ARTICLE I. DEFINITIONS
6 -1 DEFINITIONS.
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.
(2) Chicken shall mean hens or pullets.
(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 officer which 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 or was 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 ChapterrATCP 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 reauired 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 paid prior to April 1 or within 30 days of acquiring ownership of a licensable dog or cat or chicken', or
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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
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enforcement officer may issue and serve an order of abatement pursuant to Section 173.11 of the
Wisconsin Statutes.
(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.
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(C) This Section shall not apply to the following situations:
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
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(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 under this 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.
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.
(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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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
CONTROLPROGRAM
SECTION 6 -13 STATE STATUTES ADOPTED
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The rules and regulations pertaining to impoundment and rabies control, specifically Sections 173.13,
173.23 and 95.21, 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.
The rules and regulations pertaining to impoundment and rabies control shall apply also to cats
within the City of Oshkosh.
SECTION 6 -14 RABIES VACCINATION
(A) Required. Dogs and cats shall be vaccinated by a licensed veterinarian at no later than five (5)
months of age. Unvaccinated dogs or cats acquired or moved into the city must be vaccinated
within thirty (30) days after purchase or arrival, unless under five (5) months of age, wherein the
above shall apply.
Each dog or cat vaccinated at under one (1) year shall be re- vaccinated twelve (12) months after
the initial vaccination. Thereafter, every dog or cat shall be re- vaccinated at not more than thirty -six
month intervals with a three (3) year vaccine or at not more than twelve (12) month intervals with a
one (1) year vaccine.
(B) Transient Animals The provisions of this Section with respect to vaccination shall not apply to any
dog or cat owned by a person temporarily remaining within the city for less than 30 days, or any dog
or cat brought into the city for field trial or show purposes, nor for hunting dogs in the state for less
than thirty (30) days. Such animals shall be kept under strict supervision by the owner. However, it
shall be unlawful to bring any animal into the city which does not comply with the animal health laws
and import regulations of the State of Wisconsin.
SECTION 6 -15 RABIES CONTROL
(A) Requirement for Reporting Bites and /or Scratches. All dog, cat or other animal bites and /or
scratches of humans shall be immediately reported to the Oshkosh Police Department, by the
person owning, possessing, keeping, or harboring such animal and /or by the person bitten or
scratched.
(B) Animal to Human Bites / Scratches
(1) An animal which has proof of a current anti - rabies vaccination may, at the discretion of the
supervising officer be quarantined in an impound facility or on the premises of the owner for
a period of ten (10) days. During quarantine, the animal shall be securely confined within
the owner's home or other secure enclosure and kept upon a secure leash at all times when
outside of the home or enclosure and be kept from contact with any other animal or human.
In the case of quarantine on the owner's premises, failure on the part of the owner to obey
all conditions and directions of any officer pertaining to the quarantine period, shall result in
the immediate impoundment of the animal in a veterinary hospital or Oshkosh Humane
Society for the remainder of the quarantine period. Charges for boarding such animal shall
be paid by the owner.
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(2) The animal which does not have a current anti - rabies vaccination must be quarantined at an
isolation facility, either a veterinary clinic of the owner's choice or the Oshkosh Humane
Society for at least ten (10) days. Charges for boarding shall be paid by the Owner.
(3) All animals under bite /scratch confinement must be examined at least three times by a
veterinarian during the ten (10) day confinement period. (First day of isolation, the last
day of isolation and day 4, 5, or 6 of quarantine).
(4) After the ten (10) day confinement, the owner or person in possession of the animal
must contact the Health Services Division, within two (2) business days, so that the
condition of the animal may be evaluated.
(a) The following items must be available at the time of the evaluation:
Rabies vaccination information
Current licensing information
Receipt(s) from the veterinary examinations
Veterinarian certification of lack of exhibited signs or symptoms of rabies
(C) Domestic Animal to Domestic Animal Bites /Scratches. Where domestic animals are involved in
a biting /scratching incident, both animals shall be quarantined.
(1) The animals may, at the discretion of the supervising officer be quarantined in an
impound facility or on the premises of the owner for a period of ten (10) days. During
quarantine, the animal shall be securely confined within the owner's home or other
secure enclosure and kept upon a secure leash at all times when outside of the home or
enclosure and be kept from contact with any other animal or human. In the case of
quarantine on the owner's premises, failure on the part of the owner to obey all
conditions and directions of any officer pertaining to the quarantine period, shall result in
the immediate impoundment of the animal in a veterinary hospital or Oshkosh Humane
Society for the remainder of the quarantine period. Charges for boarding such animal
shall be paid by the owner.
(2) All animals under bite /scratch confinement must be examined at least three times by a
veterinarian during the ten (10) day confinement period. (First day of isolation, the last
day of isolation and day 4, 5, or 6 of quarantine).
(3) After the ten day confinement, the owner or person in possession of the animal must
contact the Health Services Division, within two (2) business days, so that the condition
of the animal may be evaluated.
(a) The following items must be available at the time of the evaluation:
Rabies vaccination information
Current licensing information
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Receipt(s) from the veterinary examinations
Veterinarian certification of lack of exhibited signs or symptoms of rabies
(D) Handling of domestic animals suspected of being bitten or exposed to an animal of unknown
vaccination status. Any dog or other animal suspected by an officer of having physical contact with
any live skunk, bat, fox, or raccoon or any other animal considered to be at risk by the State Lab of
Hygiene or any animal of unknown vaccination status shall be considered to be exposed to a rabid
animal. The following rules shall apply:
(1) Unvaccinated Domestic Animals. Suspected of being bitten or exposed to an animal of
unknown vaccination status must be either:
(a) destroyed within 24 hours or within a period specified by an officer.
(b) Quarantined in an isolation facility for not less than 180 days. The
owner shall have the animal vaccinated against rabies between 155 and 165
days after exposure to the rabid animal.
(c) At the discretion of the supervising officer, quarantined, leashed
and /or confined, for at 180 days at the home of the owner. The owner shall
have the animal vaccinated against rabies between 155 and 165 days after
the exposure to a rabid animal. Any violation of this quarantine will result in
immediate quarantine of the animal in an isolation facility or the animal shall
be destroyed in a humane manner which avoids damage to the animal's
head. The animal's head shall then be processed by a licensed veterinarian
and be examined by the State Lab of hygiene for evidence of rabies. The
cost of this process shall be at the expense of the animal owner.
(2) Vaccinated Domestic Animals. Currently immunized dogs or cats which have been bitten by
or exposed to, an animal of unknown vaccination status must be either:
(a) Revaccinated against rabies as soon as possible after exposure to a
rabid animal. The animal shall either be quarantined in an isolation facility or
at the discretion of the supervising officer, leashed and /or confined at the
premises of the owner for 60 days, or
(b) Destroyed.
(E) Killing of an Animal in Quarantine. No person, other than a peace officer or a licensed
veterinarian shall kill or cause to be killed, any animal suspected of being rabid. Any animal
suspected of being rabid shall be placed in quarantine and the diagnosis of rabies made by
a licensed veterinarian. If a veterinarian does diagnose rabies in an animal in quarantine,
then the animal shall be humanely euthanized and the head of such animal sent to a
laboratory for pathological examination and confirmation of the diagnosis.
(F) Death of an animal while under quarantine If an animal in quarantine is killed or dies, the
death of that animal shall be reported immediately to the Oshkosh Health Services Division
and /or the Oshkosh Police Department.
SECTION 6 -16 VICIOUS ANIMALS
No person shall own, possess, harbor, keep or maintain a vicious animal contrary to the terms of this
ordinance.
(A) Vicious Animal License
(1) Requirement. Any person who may own, possess, harbor, keep or maintain a vicious
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animal shall do so only after first having obtained a vicious animal license from the Health
Director and only after complying with the terms of said vicious animal license.
(2) Fee and Term. The License term shall be from January 1 through December 31. The
License fee, which is not pro - ratable, shall be fifty dollars ($50.00) and shall cover the costs
of City- issued tags and signage.
(3) Conditions for License Issuance. A license may be granted and issued subject to proof of
the following:
(a) A liability insurance policy which covers animal bites under its terms written by an
insurance company licensed to do business in the State of Wisconsin, covering
death and personal injury, in the amount of at least Five Hundred Thousand Dollars
($500,000.00) and property damage in the amount of One Hundred Thousand
Dollars ($100,000.00). The policy shall provide notice to the Health Department
thirty (30) days in advance of any material change therein and of its termination or
non - renewal.
(b) Current vaccination for rabies.
(c) Current license where the vicious animal is a dog or cat.
(d) Neutering or spaying, where the vicious animal is a dog or cat.
(4) Conditions for License Maintenance. A license granted and issued hereunder is conditioned
upon the following:
(a) Compliance with Subsection (3) above.
(b) The posting of signs no smaller than twenty -four (24) inches by twenty -four (24)
inches, made of metal or plastic, florescent yellow in color, bearing the wording
"WARNING VICIOUS ANIMAL" in English print, no smaller than three (3) inches high
and also bearing the license number of each vicious animal no smaller than one (1)
inch high, which signs shall be posted at each entrance to the building in which the
vicious animal is kept and at each entrance through a fence and at such location to
be viewable from the public sidewalk, if any, in the vicinity of any walk or drive
approaching any entrance to the building in which the vicious animal is kept.
(c) The vicious animal while off the premises where kept, shall be muzzled with a
no -bite type muzzle, restrained as to movement by a choke -type collar or
harness and leash secured by and under the direct control and supervision of
a mentally competent adult person.
(d) The vicious animal while on the premises where kept shall be placed within a
secured building, or within a secured fence of sufficient height and construction to
maintain the animal within, which fence shall be inspected and approved by the
Health Department.
(5) Impoundment and Destruction. A vicious animal which is owned, possessed, harbored, kept
or maintained in violation of this Ordinance may be impounded and destroyed by the City or
its agents at the expense of the owner, following notice and an opportunity to be heard by
the Health Director. Any person or party aggrieved by such decision of the Health Director
may appeal such decision to the Common Council by filing a written notice of appeal with the
City Clerk within five (5) City business days of mailing of a written order from the Health
Director. The vicious animal shall be impounded, but not destroyed, until the time for appeal
has expired and until any timely appeal has been heard. The City elects not to be bound by
Chapter 68, Wisconsin Statutes, with respect to administrative procedure in this regard.
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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 -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.
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