Statute in Full:
Milton, Wisconsin
Milwaukee County, Wisconsin
Milton, Wisconsin
Code of Ordinances City of Milton Wisconsin
Chapter 6 ANIMALS*
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*Cross references: Kennels, § 14-141 et seq.; environment, ch. 26; health and sanitation, ch. 30; sanitary requirements for animals, § 30-101 et seq.
State law references: Damage by animals, Wis. Stats. ch. 172; humane officers, Wis. Stats. ch. 173; dogs, Wis. Stats. ch. 174.
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Article I. In General
Sec. 6-1. Purpose of chapter.
Sec. 6-2. Definitions.
Sec. 6-3. Penalty for violation of chapter.
Secs. 6-4--6-30. Reserved.
Article II. Licenses
Sec. 6-31. Required for dogs and cats.
Sec. 6-32. Tags required on dogs and cats.
Sec. 6-33. Fee/tax for dogs and cats.
Sec. 6-34. Exemption of dogs for blind, deaf and mobility-impaired.
Secs. 6-35--6-60. Reserved.
Article III. Rabies Control
Sec. 6-61. State statutes adopted.
Sec. 6-62. Offensive and diseased dog or cat.
Sec. 6-63. Duty of owner in cases of dog bite.
Secs. 6-64--6-90. Reserved.
Article IV. Animal Nuisances
Sec. 6-91. Animals not to run at large.
Sec. 6-92. Carcasses.
Sec. 6-93. Animal excreta; responsibility.
Sec. 6-94. Noisy animals or fowl (barking dogs).
Secs. 6-95--6-130. Reserved.
Article V. Impoundment
Sec. 6-131. Seizure, restraint, impoundment and disposal.
Sec. 6-132. Notification procedures.
Sec. 6-133. Conditions of release.
Sec. 6-134. Pickup fees.
Sec. 6-135. Nuisance animals; destruction.
Secs. 6-136--6-170. Reserved.
Article VI. Miscellaneous Regulations
Sec. 6-171. Trapping.
Sec. 6-172. Wild or vicious animals as pets.
Sec. 6-173. Maximum dog and cat numbers allowed; exceptions.
ARTICLE I. IN GENERAL
Sec. 6-1. Purpose of chapter.
The city realizes that incidents involving domestic animals are part of the services city residents expect. This expectation is enhanced by the numerous state statutes and city ordinances that have been enacted concerning animal and citizenry health and welfare. The city believes the regulations concerning animals have the objective of creating a safer environment for our citizens. Therefore, the city is committed to enforcing such regulations to that end.
(Code 1968, § 21.01)
Sec. 6-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Domestic animal means a dog or cat.
Holding facility means an approved, temporary animal holding facility used for the purpose of returning animals to their owner, or impoundment at the municipal pound and maintained by the city.
Injured animal means an animal, domestic, wild or other, that is suffering from some sort of injury.
Municipal pound means the veterinarian, clinic, or facility under contract with the city to act as a municipal pound.
Rabid animal means an animal, domestic, wild or other, that has demonstrated symptoms of rabies or is suspected of being rabid.
Sick animal means an animal, domestic, wild or other, that has demonstrated characteristics of being sick, other than rabid.
Vicious animals means any animal, reptile, and/or fish that constitutes a physical threat to human beings or other animals.
Wild or exotic animal means any nondomestic animal, whether born or raised in captivity, or other warm-blooded animal which can normally be found in the wild state.
(Code 1968, § 21.03)
Cross references: Definitions generally, § 1-2.
Sec. 6-3. Penalty for violation of chapter.
Any person who shall violate any provision of this chapter shall be subject to the following penalties. In addition to any forfeiture imposed, the court may assess pickup, boarding and impoundment fees, if applicable, as described in section 6-134. Each occurrence shall constitute a separate violation and each continuing day of a violation shall constitute a separate violation.
(1) Upon conviction for a first offense of any section of this chapter within a one-year period, a forfeiture shall be imposed of not less than $10.00 or more than $500.00, plus all court costs.
(2) Upon conviction for a second offense of any section of this chapter within a one-year period, a forfeiture shall be imposed of not less than $20.00 or more than $500.00, plus all court costs.
(3) Upon conviction for a third offense of any section of this chapter within a one-year period, a forfeiture shall be imposed of not less than $50.00 or more than $500.00, plus all court costs.
(4) For a fourth and all subsequent offenses of any section of this chapter within a one-year period, a forfeiture shall be imposed of not less than $75.00 or more than $500.00, plus all court costs.
(Code 1968, § 21.11)
Secs. 6-4--6-30. Reserved.
ARTICLE II. LICENSES*
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*State law references: Licenses for dogs, Wis. Stats. § 174.07.
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Sec. 6-31. Required for dogs and cats.
The owner of a dog or cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, on or before the date the dog or cat becomes five months of age, pay the dog or cat license tax and obtain an annual license. Such tax is delinquent on April 1. Such license tax and license shall be obtained at city hall or other appropriate place designated by the city.
(Code 1968, § 21.04(1)(A))
Sec. 6-32. Tags required on dogs and cats.
All dogs and cats required to be licensed under section 6-31 shall wear the appropriate license tag which permanently identifies the dog or cat and which permanent identification is registered with the city. Such license tag shall be worn whenever such cat or dog is outdoors unless the cat or dog is securely confined to a fenced area or kennel under the control of the owner or some person acting on behalf of the owner. However, no person shall be cited under this section for having an untagged cat or dog if such person can produce within five days of the apprehension of the cat or dog proof that such cat or dog was validly licensed at the time of the apprehension of such cat or dog.
(Code 1968, § 21.04(1)(B))
Sec. 6-33. Fee/tax for dogs and cats.
The city clerk shall collect annual license taxes or late fees in the following amounts:
Neutered and/or spayed (per year) . . . $ 5.00
Unneutered and/or unspayed (per year) . . . 10.00
Late fee assessed after April 1 . . . 10.00
(Code 1968, § 21.04(1)(C))
Sec. 6-34. Exemption of dogs for blind, deaf and mobility-impaired.
Every dog specially trained to lead blind or deaf persons or to provide 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 local collecting officer upon application.
State law references: Similar provisions, Wis. Stats. § 174.055.
Secs. 6-35--6-60. Reserved.
ARTICLE III. RABIES CONTROL*
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*Cross references: Environment, ch. 26.
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Sec. 6-61. State statutes adopted.
The statutory provisions providing for the control of rabies in dogs and cats and the vaccination of dogs and cats to prevent rabies, Wis. Stats. § 95.21 is hereby adopted and made part of this chapter.
(Code 1968, §§ 21.02, 21.05(1))
Sec. 6-62. Offensive and diseased dog or cat.
No person shall keep any dog or cat which he has reason to suspect may be afflicted with rabies. Any person who has reason to suspect any dog or cat of being afflicted with rabies shall report such fact to the authorities and if upon examination such dog or cat shall prove to be so afflicted, the dog or cat may be treated as set forth in Wis. Stats. § 95.21.
(Code 1968, § 21.05(2))
Sec. 6-63. Duty of owner in cases of dog bite.
Every owner or person harboring or keeping a dog who knows that such dog has bitten any person shall immediately report such fact to an officer who shall take appropriate action as required by Wis. Stats. § 95.21(4).
(Code 1968, § 21.05(3))
Secs. 6-64--6-90. Reserved.
ARTICLE IV. ANIMAL NUISANCES*
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*Cross references: Nuisances, § 26-31 et seq.
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Sec. 6-91. Animals not to run at large.
All dogs, cats and other animals are prohibited from running at large. An animal is considered to be running at large if it is off the premises of its owner and not under the leash control of its owner or some other persons.
(Code 1968, § 21.06(1))
Sec. 6-92. Carcasses.
Carcasses of animals shall be buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(Code 1968, § 21.06(2))
Sec. 6-93. Animal excreta; responsibility.
Any person owning or having control of a dog, a cat or other animal on any property, public or private, which is not owned or occupied by such person shall promptly remove excrement left by such dog, cat or other animal and place it in a proper receptacle, bury it or flush it in a toilet on property owned or occupied by such person. Any person causing or permitting a dog, a cat or other animal to be on property, public or private, not owned or occupied by such person shall have in his immediate possession a device or object suitable for removal of excrement and a depository for the transmission of excrement to the property owned or occupied by such person.
(Code 1968, § 21.06(3))
Sec. 6-94. Noisy animals or fowl (barking dogs).
No person shall keep or harbor any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the city.
(Code 1968, § 21.06(4))
Secs. 6-95--6-130. Reserved.
ARTICLE V. IMPOUNDMENT*
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*State law references: Impoundment of untagged dogs or animals running at large, Wis. Stats. § 174.042.
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Sec. 6-131. Seizure, restraint, impoundment and disposal.
Any animal found to be running at large or any untagged dogs may be seized, restrained, impounded and disposed of as provided in this article, by any police officer, any department of public works employee, or any other officer or employee of the city. Any such animal may be seized, restrained, and held by any person for such police officers, any department of public works employee or any other city officer or employee. Any person not a police officer or other city officer or employee seizing and restraining such animal shall notify a police officer within eight hours of such seizure or restraint, and such police officer shall arrange for the prompt impounding of such animal.
(Code 1968, § 21.07(1))
Sec. 6-132. Notification procedures.
A pound, organization or officer who is notified or to whom the animal is delivered shall attempt to notify the owner personally or by mail as soon as possible if the owner is known or can be ascertained with reasonable effort. The officer or pound who is notified or to whom the animal is delivered shall check the lost and found column of the local daily newspapers having general circulation in the community to determine if an animal is advertised that matches the description of the animal. The officer or pound who is notified and to whom the animal is delivered shall keep a record of each animal, giving a description of the animal, the dates of its impoundment, if any, and the disposition of the animal. If the animal is kept by or released to a person, the record shall include the name, address, and date of delivery of the animal. This is a public record. All animals impounded by police officers, any department of public works employee or any other city officer or employee shall be impounded at a facility designated by the city for the impounding of animals.
(Code 1968, § 21.07(1))
Sec. 6-133. Conditions of release.
The officer or pound to whom an animal is delivered may release the animal to its owner or representative of the owner if:
(1) The owner or representative gives his name and address; and
(2) The owner or representative presents evidence that the animal is duly licensed in the city or in the municipality of residence of the owner, and presents evidence that the animal is vaccinated against rabies or a receipt from a licensed veterinarian for prepayment of a rabies inoculation.
(Code 1968, § 21.07(2)(A), (B))
Sec. 6-134. Pickup fees.
The owner or representative pays a $35.00 pickup fee and also pays any impoundment fees required by the agency or pound where the animal is kept.
(Code 1968, § 21.07(2)(C))
Sec. 6-135. Nuisance animals; destruction.
In addition to any penalty provided for a violation of this article, any police officer may impound any dog which habitually pursues any vehicle upon any street, alley or highway of this city, assaults or attacks any person, is at large within the city, habitually barks or howls, kills, wounds or worries any domestic animal or is infected with rabies. Possession of dogs impounded under this article may be obtained by paying $5.00 to the clerk, plus $5.00 for each 24-hour period or fraction thereof the dog has been impounded at city facilities or at a city-authorized private kennel. Dogs impounded for a period of seven days may be destroyed in accordance with Wis. Stats. § 174.046(9). No officer or person shall kill any dog except as provided in Wis. Stats. §§ 174.01(b), 95.21(4).
(Code 1968, § 11.08(5)(1))
Secs. 6-136--6-170. Reserved.
ARTICLE VI. MISCELLANEOUS REGULATIONS
Sec. 6-171. Trapping.
(a) Prohibited generally. No person shall, within the city limits, trap any animal, wild, domesticated or otherwise, nor place, lay or in any other manner set any trap designed for such a purpose unless excepted under subsection (b) of this section.
(b) Exceptions. The following exceptions shall apply:
(1) The prohibition in subsection (a) of this section shall not apply to the owner of any land who sets animal traps inside a building or sets live traps on the owner's land for control or elimination of animal pests. The prohibition in subsection (a) of this section shall also not apply to any federal, state or local government official who sets traps as part of any act within the scope of such official's employment.
(2) Traps shall be allowed in certain publicly owned areas subject to approval of the city police chief. Such traps may be set only in the months of November and December and must be set in a minimum of three inches of water and will not be allowed on dry land. Permitted traps must be conibear traps of a size for muskrat trapping only. Twenty-five traps are the maximum number allowed per trapper. The city is not responsible for damages that arise from the use of any traps.
(Code 1968, § 21.08)
Sec. 6-172. Wild or vicious animals as pets.
(a) No person shall keep or permit to be kept any dangerous, wild or vicious animal as a pet or otherwise.
(b) Guard dogs, ferrets, nonpoisonous snakes, nonconstricting snakes, rabbits and laboratory rats which have been bred in captivity and which have never known the wild shall be excluded from this section.
(Code 1968, § 21.09(1))
Sec. 6-173. Maximum dog and cat numbers allowed; exceptions.
(a) Not more than a combined total of four dogs and cats over five months old may be maintained on any lot or residence, and in such a case of such four dogs and cats, there may not be more than three dogs or three cats as a part of such combination.
(b) This section shall not apply to animals exceeding the allowable limit which were maintained on the pet owner's lot or residence prior to January 1, 1999, provided that all of such animals are properly licensed by April 1, 1999. This exclusion shall continue as long as the owner keeps such animals but does not permit the licensing of additional dogs or cats which exceed the limits in subsection (a) of this section and which were not kept by such owner prior to January 1, 1999.
(Code 1968, § 21.09(2))
Milwaukee County, Wisconsin
Milwaukee County Code of General Ordinances
Chapter 26 CAT LICENSE TAX AND FUND
Chapter 29 DOG LICENSE TAX AND FUND
Chapter 48 HORSEBACK RIDING*
Chapter 50 ZOOLOGICAL DEPARTMENT
Chapter 26 CAT LICENSE TAX AND FUND
26.01. Cat license tax.
26.02. Forfeit and boarding fees.
26.03. Cat license fund; how disposed of and accounted for.
26.01. Cat license tax.
Every owner of a cat more than five (5) months of age on January 1 of any year, or five (5) months of age within the license year (the word "owner" when used in chapter 26 of the Code, in relation to property in, or possession of, cats includes every person who owns, harbors or keeps a cat) shall annually, or within thirty (30) days from the date such cat becomes five (5) months of age, pay his/her cat license tax and obtain a license from his/her municipal treasurer or the county pound. Such cat license tax shall be two dollars ($2.00) for each neutered male and spayed female and four dollars ($4.00) for cats not spayed or neutered. The municipal treasurer and the county pound are entitled to retain fifty cents ($0.50) as reimbursement for each license they issue and shall remit the balance of the money so collected to the county treasurer monthly. The municipal treasurers and the county pound shall assess and collect an additional fee of one dollar ($1.00) from every owner of a cat five (5) months of age, where such owner has failed and neglected to obtain a license prior to April 1 of each year or within thirty (30) days of acquiring ownership of a licensable cat, or where such owner has failed and neglected to obtain a license within thirty (30) days after the cat has reached licensable age; and all monies so received or collected shall be retained by those who collect it. The county clerk is responsible for the administration of the program and shall provide the tags and licenses to the municipalities and the county pound in the same manner as is provided for in the licensing of dogs under s. 174.07, Wis. Stats. The license year shall commence on January 1 and end the following December 31.
26.02. Forfeit and boarding fees.
(1) The owner of any impounded licensed cat found not wearing a tag properly attached to the collar, shall forfeit one dollar ($1.00) to the keeper of the county pound.
(2) The owner of any licensed or unlicensed cat impounded shall pay a boarding fee of one dollar ($1.00) to the keeper of the county pound for each twenty-four-hour period or fraction thereof that such cat is impounded.
(3) All monies received and collected by the keeper of the county pound under subsection (1) and subsection (2) of this section shall be paid to the county treasurer and credited to the fund provided for in section 26.03 of this chapter by the county treasurer. For the purposes of this chapter, "county pound" shall mean the state humane society.
26.03. Cat license fund; how disposed of and accounted for.
All cat license taxes paid to the county treasurer by the municipal treasurers and the county pound shall be kept in a separate account known as the "cat license fund." In submitting his/her report of collections, the tax collecting officer shall indicate the total number of neutered male, unneutered male, spayed female and unspayed female cats for which such licenses have been issued. The county treasurer, after deducting the expenses necessarily incurred in providing books, forms and other expenses required in the administration of the cat license law, shall retain the expense of impounding stray and unwanted cats and the expense incurred in the collecting, caring for and disposing of stray or unwanted cats, or both, during the year for which the taxes were collected, and shall carry over for use in future years any surplus.
LEGISLATIVE HISTORY
All sections effective upon passage and
publication unless otherwise indicated.
Ch. 26. Repealed and recreated - April 11, 1978, J. Proc. p. 855--56, published May 4, 1978.
26.01. Amended - April 23, 1998, J. Proc. p. 479--80, published May 7, 1998.
Chapter 29 DOG LICENSE TAX AND FUND
29.01. Dog license tax.
29.02. Forfeit and boarding fees.
29.03. Exemption of dogs for the blind.
29.04. Dog license fund; how disposed of and accounted for.
29.01. Dog license tax.
Every owner of a dog more than five (5) months of age on January 1 of any year, or five (5) months of age within the license year (the word "owner" when used in chapter 29 of the Code, in relation to property in, or possession of, dogs includes every person who owns, harbors or keeps a dog) shall annually, or within thirty (30) days from date such dog becomes five (5) months of age, at the time and in the manner provided by law for the payment of personal property taxes, pay his/her dog license tax and obtain a license therefor. Such dog license tax shall be three dollars and fifty cents ($3.50) for each neutered male dog and spayed female dog and five dollars ($5.00) for dogs not spayed or neutered, except dogs kept in a kennel licensed under the provisions of s. 174.06, Wis. Stats. If the neutered or spayed dog became five (5) months of age after July 1 of the license year, the sum of one dollar and seventy-five cents ($1.75) or one-half of the sum three dollars and fifty cents ($3.50) shall be paid. If the dog is not spayed or neutered, the sum of two dollars and fifty cents ($2.50) shall be paid. The license year shall commence on January 1 and end the following December 31.
29.02. Forfeit and boarding fees.
(1) The owner of any impounded licensed dog found not wearing a tag properly attached to the collar, shall forfeit one dollar ($1.00) to the keeper of the county pound.
(2) The owner of any licensed or unlicensed dog impounded under ch. 174, Wis. Stats. shall pay a boarding fee of one dollar ($1.00) to the keeper of the county pound for each twenty-four-hour period or fraction thereof that such dog is impounded.
(3) All monies received and collected by the keeper of the county pound under subsection (1) and subsection (2) of this section shall be paid to the county treasurer and credited to the fund provided for in s. 174.09, Wis. Stats. and section 29.04 of this chapter by the county treasurer. For the purposes of this chapter "county pound" shall mean the state humane society.
29.03. Exemption of dogs for the blind.
Every dog specially trained to lead blind persons shall be exempt from dog license tax and every taxpayer owning such dog shall annually receive a free dog license from the local collecting officer upon application therefor.
29.04. Dog license fund; how disposed of and accounted for.
All dog license taxes paid to the county treasurer by the town, village or city treasurers shall be kept in a separate account known as the "dog license fund" as provided by s. 174.09, Wis. Stats. In submitting his/her report of collections, the tax collecting officer shall indicate the total number of male, spayed female, and unspayed female dogs for which such licenses have been issued. Commencing January 1, 1959, the county treasurer, after paying over to the state treasurer five (5) percent of the minimum tax as provided under s. 174.05, Wis. Stats., and after deducting the expenses necessarily incurred in providing books, forms and other supplies required in the administration of the dog license law, and after paying all claims allowed by the county to the owners of domestic animals on account of damage done by dogs during the license year for which the taxes were paid, and after paying all claims made by the assessors under s. 174.06, Wis. Stats., shall retain the sum of eight thousand seven hundred fifty dollars ($8,750.00) as revenue of the county and shall also retain the expense of impounding stray and unwanted dogs and the expense incurred in the collecting, caring for and disposing of stray or unwanted dogs, or both, during the year for which the taxes were collected, before distributing any sum remaining as provided by s. 174.09(2), Wis. Stats.
LEGISLATIVE HISTORY
All sections effective upon passage and
publication unless otherwise indicated.
Ch. 29. Repealed and recreated - June 5, 1962, J. Proc. p. 779--81, published June 14, 1962.
29.01. Amended - Nov. 12, 1974, J. Proc. p. 1988--89, published Nov. 21, 1974.
29.04. Amended - Oct. 17, 1972, J. Proc. p. 1570--72, published Nov. 2, 1972.
Chapter 48 HORSEBACK RIDING*
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* Editor's note --The references to the park commission (or parks, recreation and culture commission) are obsolete. The responsibilities of the commission have been assigned to the committee on parks, energy and environment and the director of parks, energy and environment.
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48.01. Definitions.
48.02. Licenses required for riders and horses.
48.03. Expiration of license.
48.04. License fees.
48.05. License for horse; application; issuance.
48.06. License for rider; application; issuance.
48.07. License for operator; application; issuance.
48.08. License for escort; application; issuance.
48.09. Revocation of license; cause; procedure.
48.10. Regulations for riding in public places.
48.11. Registry.
48.12. Penalty.
48.01. Definitions.
When used in chapter 48 of the Code, the following terms shall have the meanings hereinafter set forth unless otherwise indicated:
(1) "Commercial stable" means a place where riding horses are boarded for private owners, or being owned or leased are kept to be hired for riding. The term includes "riding academy" and "club."
(2) "Equestrian path" means that portion of a public park, parkway, street or highway which has been officially designated by the governing body of the municipality having jurisdiction thereof or by the county park commission for the primary use of horseback riding, and which is so marked at some point in its course.
(3) "Horse" means any horse or other beast of burden, of either sex.
(4) "Operator" means an adult person who as owner or lessee is conducting the business of a "commercial stable," "riding academy" or "club" and is licensed for such purpose by the county.
(5) "Escort" means a person at least eighteen (18) years of age who has charge of a group of riders and directs their routes while riding in public parks, parkways, streets, or highways and who is qualified to make needed adjustments of harness and, generally, having charge of the safety of the members of said group.
(6) "Rider" means a person engaged in riding a horse except as exempted by this chapter.
(7) "Riding academy" means a "commercial stable" where some instruction in horsemanship is given.
48.02. Licenses required for riders and horses.
(1) On and after January 1, 1953, no rider shall ride any horse upon any public street, alley, highway or equestrian path within the county unless such rider and such horse shall be licensed as provided in chapter 48 of the Code and such licenses shall be in full force and effect.
(2) The provisions of this section shall not apply:
(a) To the riding of a horse in the actual conduct of agricultural or herding operations.
(b) To the owner or rider and his/her horse where such horse is never ridden on public thoroughfares or on equestrian paths as defined in section 48.01(2).
(c) To the owner or rider of a horse(s) not otherwise coming within this chapter which are being transported by lawful means over the public highways on a direct and planned route to a definite destination for the purpose of their engaging in an exhibition, race, rodeo, performance or parade, provided, however, at all times any such horse(s) is on any public highway such horse(s) and their owners and riders shall be subject to the provisions of sections 48.09(2), 48.09(4) insofar as such sections are applicable and section 48.12 of this chapter.
(d) The direct crossing of a public highway by a horse not otherwise subject to the provisions of this chapter shall not constitute riding on a public highway except as provided by section 48.02(2)(c).
48.03. Expiration of license.
(1) Every horse's license issued pursuant to chapter 48 shall expire at the end of the calendar year within which such license is issued, unless sooner revoked as provided in said chapter.
(2) Every rider's license or escort license once issued shall continue in force until revoked as provided in said chapter.
(3) Every operator's license shall expire at the end of the calendar year within which such license was issued unless sooner revoked as provided in said chapter 48.
48.04. License fees.
The fee for licenses issued under chapter 48 of the Code shall be as follows:
(1) Horse's annual license . . . $ 1.00
(2) Duplicate horse's annual license . . . 0.50
(3) Horse's license issued after Sept. 30 . . . 0.50
(4) Escort license . . . 1.00
(5) Operator's license . . . 25.00
(6) Annual renewal of operator's license . . . 2.00
(7) Duplicate operator's or escort license . . . 0.50
(8) Rider's license . . . 0.50
48.05. License for horse; application; issuance.
(1) The owner of any horse used or to be used for riding upon any public street, alley, highway or equestrian path within the county shall in person or by his/her agent apply for a license for such horse to the county clerk of such county or to such designee as said clerk, with the approval of the county board, shall deputize for such purpose. Application for licenses shall be made on forms furnished by the county clerk. The application shall give the owner's name, address, age and general description, together with a reasonably accurate description of the horse and shall be accompanied by the required license fee. Thereupon the clerk or designee shall issue to the applicant a license certificate and a metal or plastic identification tag. Such certificate shall describe the licensed horse, be dated, and bear a serial number. The tag shall have stamped thereon the letters "M.C." and a number corresponding to the serial number of the license certificate.
(2) Such tag shall be securely attached to upper lefthand side of the bridle or halter worn by such horse at all times when such horse is ridden upon a public street, alley, highway, or equestrian path within the county.
48.06. License for rider; application; issuance.
(1) Application for rider's license shall be made to the county clerk or to such designees as said clerk, with the approval of the county board, shall deputize for such purpose. Such application shall be on a form furnished by the county clerk and shall be accompanied by the required license fee. Application for license to be issued to minors under the age of sixteen (16) years shall be signed by such minor and by one (1) of the parents, or the guardian of such minor, or if such minor has no parent or guardian, by the person with whom such minor resides. An application shall give the name, address, birthdate, occupation and a brief description of the person to whom the license is to be issued. Thereupon the county clerk or designee shall issue to such applicant a rider's license bearing a serial number.
(2) Every rider shall have in his/her immediate possession such license at all times when riding a horse on any public street, alley, highway or equestrian path within the county, and shall produce the same upon demand by any peace officer, or employe of the county park commission while on duty in a county park or parkway, or any employe of the state humane society who is vested with police power pursuant to s. 58.07, Wis. Stats.
(3) No new rider's license shall be issued to any person whose license has been revoked until the expiration of the period of revocation.
48.07. License for operator; application; issuance.
(1) After December 31, 1952, it shall be unlawful for any person, partnership, club, association or corporation to conduct the business of boarding riding horses, to keep riding horses for hire, or to furnish riding horses to any person for hire, directly or indirectly, at or from a site located within the county unless such person, partnership, club, association or corporation shall be licensed to conduct such business as hereinafter provided.
(2) Applicants for license shall submit a verified application on a form provided by the county clerk accompanied with the required fee, to the county clerk. The application shall give the name of the applicant(s); the address of the proposed site of such business; a brief description of the stable facilities provided; the number of horses intended to be boarded or owned; whether or not the applicant has ever been arrested, and if so, when and on what charge, and the disposition thereof, and if other than an individual applicant, the name of the person who is to be manager. The county clerk upon receipt of the application shall notify the sheriff and the superintendent of the state humane society thereof. The sheriff shall investigate the reputation of the applicant, or if applicant is a club, association or corporation, the person designated in the application as manager, particularly as to morals. The humane society shall be requested to furnish a report as to applicant's knowledge of the handling of horses and his/her general fitness for the performance of the duties described in subsection (1) hereof and/or other qualifications necessary to the capable performance of the duties which the applicant is seeking license to perform. Upon receipt of a favorable report from the sheriff and the humane society, the county clerk shall issue an operator's license to such applicant to conduct such business on such site. Such license shall bear a serial number, be dated, and shall expire at the end of the calendar year issued, or at such time as the person licensed ceases to engage in such business on such site, but may be renewed annually by the clerk upon application of such licensee, payment of renewal license fee and procedure as above provided for the initial application. Such license shall be revocable by the county board as provided in section 48.09 of this chapter 48. In the event reports of the sheriff and/or superintendent of the humane society are unfavorable, the county clerk shall present the application and reports to the county board. If the county board upon consideration grants the license, the county clerk shall issue the same to the applicant. Such license shall be posted in a prominent place in the office or principal place of business of the licensee. It shall be a condition of the issuance of the license that the licensed premises be open to inspection at any time by the sheriff of the county or the employes of the humane society duly vested with police powers pursuant to s. 58.07, Wis. Stats.
48.08. License for escort; application; issuance.
It shall be unlawful for an operator to employ any person to act as an escort of riding groups either on licensed riding academy lands or on public streets, alleys, highways or equestrian paths unless such employe shall be licensed. Any person desiring such license shall make application therefor to the county clerk in like manner as an applicant for an operator's license, accompany such application by the required fee, and such application shall be reported upon and considered in all respects similar to the procedure for granting an operator's license provided that such license when granted shall continue in force until revoked as hereinafter provided in this chapter 48. It shall be condition of the issuance of such license that tests as to applicants ability shall be conducted by the employes of the state humane society duly vested with police power pursuant to s. 58.07, Wis. Stats.
48.09. Revocation of license; cause; procedure.
(1) Any license issued under the provisions of chapter 48 of the Code may be revoked by the county board for the causes and in the manner hereinafter set forth.
(2) It shall be unlawful:
(a) To treat a horse cruelly or to knowingly permit such treatment.
(b) To neglect to care for a horse to the extent that such horse is rendered unfit for use, or to knowingly permit such neglect.
(c) To commit an immoral act on licensed commercial stable premises or while conducting a riding group sponsored by such commercial stable, or to knowingly permit such act to occur.
(d) For a rider riding in a group sponsored by a commercial stable to disobey directions given by an operator or escort in charge of such riding group while such group is riding on a public street, alley, highway or equestrian path, or to disregard the riding regulations promulgated by this chapter or by the county park commission.
(e) To ride a horse in such a manner as to injure persons, public or private property.
(f) For an operator to furnish for riding for hire a vicious or unmanageable horse or a horse in such condition from neglect as to be unfit for use.
(g) For an operator or an escort to permit horses to be ridden in public streets, alleys, highways or equestrian paths in violation of the riding regulations hereinafter set forth or as promulgated by the county park commission.
(3) (a) A rider's license may be revoked upon proof that he/she has violated any provision of section 48.09(2)(a), (c), (d) or (e).
(b) An operator's license may be revoked upon proof that such operator has violated any provision of section 48.09(2)(a), (b), (c), (e), (f) or (g).
(c) An escort's license may be revoked upon proof that he/she has violated any provisions of section 48.09(2)(a), (c), (e) or (g).
(d) A horse's license may be revoked when the horse is shown to be vicious or unmanageable or as a result of lack of care or disease is unfit to be ridden, or when an operator has violated the provisions of section 48.09(2)(a), (b) and (f).
(4) Any resident of the county may complain to the county board requesting revocation of a license granted under this chapter 48. Such complaint shall be in writing, shall specify the act(s) deemed to be cause for revocation and the date thereof and shall be verified by the complainant. The complaint shall be filed with the county clerk who shall bring same to the attention of the county board, which body shall refer the complaint to its committee on judiciary, safety and general services. A copy of the complaint shall be given by the county clerk to the licensee, together with at least five (5) days' notice of the hearing by said committee on said complaint. After hearing all parties interested, the committee shall make its recommendation to the county board, which body shall determine whether or not such license shall be revoked. The fact that a licensee shall have paid a forfeiture or been imprisoned for any violation of this chapter shall not prevent revocation of his/her license for the same violation.
48.10. Regulations for riding in public places.
(1) A rider shall not ride his/her horse in such manner as to cause injury to person or property.
(2) A rider in county parks or parkways shall ride only in such portions thereof as shall be designated for equestrian use as "equestrian paths" and shall observe the regulations for such use promulgated by the county park commission.
(3) An operator shall not allow groups of riders using operator's horses to leave his/her licensed premises for rides unless accompanied by one (1) escort of riding for each ten (10) riders.
(4) No vehicle of any kind, including bicycles, shall be operated or driven upon any equestrian path. This subsection shall not apply to service vehicles operated by the department of parks, recreation and culture.
48.11. Registry.
The county clerk shall maintain a complete registry of all licenses issued pursuant to chapter 48 of the Code.
48.12. Penalty.
Any person violating any provision of sections 48.01 to 48.11, inclusive, of the Code shall upon conviction thereof forfeit to the county not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00) for each offense, together with the costs of prosecution, or in default of payment thereof be imprisoned in the county jail or house of correction for not to exceed thirty (30) days.
LEGISLATIVE HISTORY
All sections effective upon passage and
publication unless otherwise indicated.
Ch. 48. Repealed and recreated - Jan. 17, 1961, J. Proc. p. 33, Feb. 28, 1961, J. Proc., p. 389--396, published March 9, 1961.
48.07(2). Repealed and recreated - July 27, 1965, J. Proc. p. 1365--67, published Aug. 12, 1965.
Chapter 50 ZOOLOGICAL DEPARTMENT
50.01. Department created, duties; director.
50.02. Powers, duties of the zoological director.
50.03. Zoological advisory council.
50.04. Powers and duties of the advisory council.
50.041. Transfer of funds.
50.05. Admission fees to zoo.
50.06. Cooperation.
50.01. Department created, duties; director.
There is created a zoological department. Such department shall manage and operate the county zoological gardens under the direct supervision of a director. Such director shall be appointed pursuant to s. 63.03(3)(a), Wis. Stats., in the exempt service by the county executive and confirmed by the county board. The term of service may be terminated upon ninety (90) days' notice with the provisions of the employment contract for exempt employes, file no. 80-210(a), approved by the county board and signed by the county executive.
50.02. Powers, duties of the zoological director.
Subject to the executive authority of the county executive over all policies promulgated by the county board, the zoological director shall have general authority and responsibility to include the following:
(1) Control the selection, care and display of all animals on exhibit or otherwise housed therein; purchase and sell such animals or enter into exchange or loan agreements with other zoological parks in the United States or elsewhere, or other such agencies for the acquisition, exchange or loan of animals.
(2) Adopt regulations governing the management, care and use by the public of the zoological park, subject to the provisions adopted by the county board through the annual budget process, adopted ordinances, resolutions and other applicable county procedures.
(3) Contract and arrange for planning, designing and construction of new exhibits and other capital improvements within the zoological park, with other branches of county government or private firms, as provided by county purchasing ordinances and county procedures.
(4) Contract, when necessary, for all other work and materials in the maintenance and operation of the zoological gardens with other branches of county government or with private firms as provided by the Code and county procedures.
(5) Establish, conduct and participate in programs to promote the usefulness and enjoyment of the gardens with emphasis on the welfare of animals on exhibit or in their simulated wild habitat.
(6) Carry out all decisions made by the county board concerning the expenditure of all funds, bequests and gifts as described in section 50.041 of this chapter. As authorized by the county board, the director may accept, in the name of the county, any bequests or gifts for the purpose of said zoo, which gifts or bequests, unless otherwise requested by the donor, shall be under the management and control of the director.
(7) Prepare and annually submit a budget to the county executive; which, after adoption by the county board, shall serve as a plan for expenditures during the succeeding year.
50.03. Zoological advisory council.
There is hereby created an advisory council to the zoological director consisting of eight (8) members as follows:
(a) Seven (7) citizen members who shall be residents of the county. Two (2) shall be appointed by the chairperson of the county board, serve at his/her pleasure and may be county supervisors. Five (5) shall be appointed by the county executive and serve at his/her pleasure. All such appointments shall require county board confirmation.
(b) The director of the department of parks, recreation and culture, or designee, who shall serve as an ex-officio (nonvoting) member.
(c) The council shall meet at least semiannually, and as requested by the zoological director.
50.04. Powers and duties of the advisory council.
The advisory council shall have general authority and responsibility to:
(a) Establish such bylaws to govern themselves as may be deemed appropriate.
(b) Advise the zoological director on matters of long range planning, marketing, educational programming, scope of collections, relationship with the public, and any matter deemed to be in the best interests of zoo betterment.
50.041. Transfer of funds.
The following funds are hereby transferred from the zoological board of trustees to the county treasurer. The zoological director shall, in consultation with the zoological society of the county, make all decisions concerning the use thereof, subject to general supervision of the county board.
(a) The zoo railroad fund established by the county board (Journal of Proceedings, May 29, 1956, p. 682).
(b) The zoo specimen fund.
(c) Other trust funds.
(d) The zoo specimen fund, including proceeds from the sale of surplus animals, shall be carried over from one (1) year to the next.
(e) The funds shall be invested by the county treasurer.
(f) Interest from funds. Interest from investment income on the trust funds is to be credited to the trust funds and not the county general fund.
50.05. Admission fees to zoo.
The zoological director is authorized and directed to establish annual admission fees to the county zoo not inconsistent with the county budget adopted each year by the county board.
50.06. Cooperation.
All departments and divisions of county government shall cooperate with the advisory council and render such assistance as may be needed from time to time.
LEGISLATIVE HISTORY
All sections effective upon passage and
publication unless otherwise indicated.
Ch. 50. Repealed and recreated - March 16, 1989, J. Proc. p. 383--94, published April 27, 1989.
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