Ordinance No. 1993-1

 

TOWN OF ELLSWORTH

ANIMAL CONTROL ORDINANCE

 

The Town Board of the Town of Ellsworth, Pierce County, Wisconsin, do ordain as follows:

SECTION 1  NAME

This ordinance shall be named the Animal Control Ordinance. Any previous animal control ordinances enacted by the Town of Ellsworth in conflict herewith are repealed.

  SECTION 2  DEFINITIONS

  The following terms shall mean:

    1. Animal.  “Animal” includes every living: (A) warm-blooded creature except farm livestock (swine, cattle, horses, sheep, goats) and a human being; (B) reptiles - a member of Reptila, a class of cold-blooded vertebrates including snakes, lizards, crocodiles, turtles, etc; (C) Amphibians - a member of Amphibian, a class of vertebrates between fish and reptiles, i.e. frogs, toads, and salamanders.

    2. Owner. The term “owner” shall mean any person, group of persons or corporation owning, keeping, harboring, having charge or control of, or permitting any animal to habitually be or remain on or be lodged or fed within such persons residence, yard, or premises for a period of five (5) days or longer. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others.

    3. Own. The term “own” unless otherwise specified shall be deemed to mean keep, harbor, have control, charge or custody of an animal for a period of five (5) days or longer. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others.

    4. Dog. The term “dog” shall apply to canine animals, male or female, altered or unaltered.

    5. Stray. Any unlicensed animal, the owner of which is unknown, which is at large.

    6. At large. An animal is “at large” when it is off the property of its owners and not under restraint.

    7. Restraint. An animal is under “restraint” within the meaning of this ordinance if it is controlled by a leash or by a competent person and immediately obedient to that person's command or within a vehicle being driven or parked on the streets or roads or within the property limits of its owner.

    8. Nuisance Animal. Any animal or fowl which by frequent and habitual howling, yelping, barking, screeching, crowing, or making other noises, shall cause serious annoyance or disturbance to persons or to a neighborhood or habitually pursues any bicycle or vehicle upon any public street or highway. The provision of this ordinance shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals.

    9. Dangerous Animal.

      A. Any animal which constitutes a physical threat to human beings or to other domestic animals by virtue of a known history to endanger life by an unprovoked assault or bite so as to cause bodily harm.

      B. Any animal trained, owned or harbored for the purpose, primarily or in part, for fighting.

      C. Any animal shall not be deemed dangerous if:

         (a) It bites, attacks, or menaces anyone assaulting the owner. 

         (b) It bites, attacks, or menaces a trespasser on the property of the owner. 

             (c) It bites, attacks, or menaces any person or other animal who has tortured or abused it. 

 (d) It is otherwise acting in defense of an attack from a person or other      animal upon the owner or other person.                                                    (e) It is protecting or defending its young or other animal.

10. Abused Animal. Any animal which is:

     A. mistreated, beaten, tormented or teased

     B. Deprived of sufficient and wholesome water, food, or shelter

     C. Is kept under unhealthy conditions.                                      
     D. Is trained for fighting other animals.
  11. Guard dog. Any dog which has been trained to attack persons independently or
upon command.

  12. Proper Enclosure. A fence or structure of suitable height, forming or causing an enclosure suitable to prevent the entry of any person. Such enclosure shall be locked and shall be designed with secure sides to prevent an animal from escaping from the enclosure.

  13. Individual Dog Owner. The term “individual dog owner” means a place where no more than five (5) dogs over five (5) months of age are kept on the premises occupied for residential purposes.

  14. Private Dog Kennel. The term “private kennel” means a place where more than five (5) but less than eleven (11) dogs over the age of five (5) months are kept and where the business of selling, boarding, breeding, grooming or training dogs is conducted, and where the keeping of such animals is incidental to the occupancy of the premises for residential purposes, and is not the primary source of income of the occupant or owner of the property.

  15. Commercial Dog Kennel. The term “commercial dog kennel” means a place where over ten (10) dogs over the age of five (5) months are kept by a corporate or individual owner, lessor, breeder of dogs who trains, grooms, boards, breeds and/or sells animals for resale, individually or in litter lots for any purposes other than guides for the blind or public service dogs.

     A place where the business may be the primary source of income of the occupant or owner of the property.

  16.  Wild Animal.  Any animal other than domesticated household pets such as dogs, cats, mice, gerbels, hamsters, turtles, and non-poisonous snakes and lizards, and other than farm livestock (cattle, horses, mules, goats, swine) and poultry.  Wild Animals includes fur-bearing animals, game, game animals and game birds described in Chapter 29, WI Statutes.

  17.  Exotic Animal. Any animal not native to Wisconsin or to the United States and is imported from another country.  Exotic animals include but is not limited to tigers, lions, pandas, llamas, ostriches, peacocks.

  18.  Town. The term “town” as used in this ordinance shall mean the Town of Ellsworth, Pierce County, Wisconsin.

  19.  Animal Shelter. Any premises designated by the action of the Town Board for the purposes of impounding and caring for all animals found in violation of this ordinance.

  20.  Animal Warden.  The Animal Warden shall be the person or persons employed by the Town to enforce this Ordinance, and may include the Town Constable, the Town Health Officer, a representative from the designated town animal shelter, and any other agent (including veterinarians) who may be appointed from time to time by the Town to enforce this Ordinance.

SECTION 3 RESTRAINT

The owner shall keep his/her animal under restraint at all times.  The owner shall not permit his/her animal to run or be at large.

SECTION 4 LICENSING OF DOGS

     A. Vaccination by a veterinarian against rabies is required of all dogs within thirty days after a dog reaches four (4) months of age. Revaccination is required within one year after the initial vaccination. Subsequent vaccination is required within three years of the previous vaccination or when the certificate of vaccination expires, whichever occurs first. A certificate of current vaccination must be presented when obtaining a dog license. An owner who fails to have a dog vaccinated again rabies as required by statute or ordinance may be required to forfeit not less than $50 nor more than $100. WI Statutes 95.21

     B. No person shall own any dog within the Town limits unless such dog is licensed, except as provided under “Exceptions.” Written application shall be made to such person or persons as designated by the Town and shall include all pertinent documentation as required for such license.

        A.Exceptions.                                                                                      

 1. Hospitals, clinics, and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this ordinance, except where such duties are expressly stated.           

 2. The licensing requirement of this ordinance shall not apply to any dog belonging to a non-resident and kept within the Town for less than thirty (30) days, provided that all such dogs shall at all times be kept under restraint.

 3. Any dog owned, kept or harbored by an individual or corporation holding either a Private or Commercial Kennel license need not be individually licensed.

 4. Every dog specially trained to lead blind or deaf persons or to provide support for mobility impaired persons is exempt from the dog license fee and every person owning such a dog shall receive annually a free dog license.                           

 5. Any dog owned by a person that is kept only for education or scientific purposes.
    C. There shall be three (3) types of dog licenses issued:

         1. Individual Dog.    2. Private Dog Kennel.  3. Commercial Dog Kennel.

D.  All dog licenses shall be issued for one (1) year beginning January 1.

E.  A late fee of $10 per dog shall be collected if the owner fails to obtain license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog, or on or before the dog reaches the licensable age of 5 months.

SECTION 5 TYPES OF LICENSES AND FEES

A. Individual dog. Written application shall be made on a form to be furnished by the Town. As a condition for the issuance of said license, the owner shall submit a current certificate of rabies vaccination for the dog/dogs. At the time of application a numbered durable tag/tags shall be issued to the owner.

    1.  License Fee.       

        a. $15.00 The individual annual license fee for each dog over the age of five (5) months that is “whole” or unspayed or unneutered

        b. $10.00 The individual annual license fee for each dog over the age of five (5) months that is either spayed or neutered. Written documented proof of spay or neuter must be presented at the time of license issue.

    2. Replacement fee. In the event that the durable license tag for a dog shall be lost, the owner may obtain a duplicate tag free of charge upon proof that the original license was issued. For the second and subsequent replacement license tags, the license fee shall be prorated.

    3. Deceased Transfer Fee. If the dog dies within the license year and a dog is secured to replace the dog so dying, the annual license for the deceased dog may be transferred (free of charge) to the replacement dog for the remainder of the licensing year.

     4. Change of Ownership. If there is a change of ownership of a dog, the new owner must, within thirty (30) days notify the Town Treasurer and have the license transferred to his/her name.

     5. Miscellaneous.

        a. Any person who secures a dog five (5) months of age or older shall be allowed thirty (30) days to obtain a license. Any dog owner upon becoming a resident of the Town shall be allowed thirty (30) days to obtain a dog license.

        b. Upon complying with the provisions of this ordinance, there shall be issued to the owner a durable tag, stamped with a number and the year for which issued.

        c. Every owner is required to keep a valid tag securely fastened to the dog's collar or harness which must be worn by the dog at all times except when the dog for which the license is issued is indoors or on the premises of the owner or covered by an Exception.

B. Private Dog Kennel.

   1. Any place with more than 5 and less than 11 dogs over the age of 5 months shall be required to have a private kennel license.  A private dog kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicants kennel is 300 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.

   2. The fee for a Private Dog Kennel shall be $50.00 per year.

C. Commercial Dog Kennel.

   1. Any place with more than 10 dogs over 5 months old shall be required to have a commercial kennel license.  A Commercial Dog Kennel license shall not be issued when located less than 700 feet from any lot line shared with premises devoted to residential uses, by persons other than that of the owner of such kennels, his family, agents, employees, or tenants.
       2. The Town Board of the Town of Ellsworth may grant a Commercial Dog Kennel license only upon approval of a Special Exception Permit after a public hearing as required by Pierce County Zoning.

   3. The fee, per year, for a Commercial Dog Kennel License shall be $250.00 for 11-20 dogs; $450 for 21-30 dogs; and $550 for 31 or more dogs.

D. Provisions of Dog Kennel Licenses.

   1. All dog kennel licenses shall be issued for one (1) year beginning on January 1. Application for licenses may be made sixty (60) days prior to the start of the licensing year and thereafter during the licensing year.

   2.  All owners of dog kennel licenses shall maintain complete set of records for all dogs, including but not limited to, date of birth; acquired from, date, and price; sale date; sale price and purchaser; pedigree, vaccinations, parasite control; worming records; veterinary records, surgeries.  Such records shall be open and available for inspection at all times.  Dogs in temporary custody of kennel for two weeks or less may be exempt from this provision.

   3. A dog kennel license may be revoked by reason of any violation of the ordinance or by reason of the violation of any health or nuisance ordinances, order, law or regulation as may be determined by the Town Board.

   4. Before revoking a dog kennel license, the licensee shall be given notice of the meeting at which such a revocation shall be considered and a copy of the complaint. If the licensee is present at such meeting, he/she shall be first given an opportunity to be heard. Notice of such meeting shall be given to the licensee in writing, mailed to the address of the licensee as set forth in the licensee application for the dog kennel at least ten (10) working days prior to the date of the meeting.

   5. All dog kennels shall be kept in a clean and healthful condition and at all reasonable times shall be open to inspection by the Town Board, any health officer, animal control officer or other person or persons charged with the enforcement of this ordinance or any health or sanitary regulation order, rule or statute of the Town of Ellsworth or Pierce County or the State of Wisconsin.

   6. All dog kennels shall be insulated to serve as noise abatement. All dogs shall be confined to indoors at night in individual pens. During daylight hours, dogs may be let out into individual fenced areas known as “runs”.

   7. Application for dog kennel licenses shall be made to the Town Treasurer on form approved by the Town Treasurer.  No license shall be issued until there has been an inspection of the premises for which license is sought.  The inspection shall be conducted by the Town board, its agents or the Animal Warden.  From time to time during the term of the license the Town board, its agents or the Animal Warden may give reasonable notice to the owner (licensee) that there shall be an inspection of the premises and animals kept there. Thereupon the owner shall cooperate in all manner with the Town Board, its agents or the Animal Warden in allowing an inspection of the premises.

SECTION 6  ANIMAL ENCLOSURES

 1.  Enclosures shall be constructed and maintained so as to provide sufficient

space to allow each animal adequate freedom of movement.  Inadequate space may be indicated by evidence of debility, stress, or abnormal behavior patterns.

 2.  Fencing shall be appropriate in height and strength to contain the animal and to prevent a person or persons from coming in contact with such animal.  State and Federal animal guidelines apply.

 3.  Animals shall be monitored as necessary to keep the enclosure free of urine and fecal matter and excreta. 

 4.  Cage confinement of animals is restrictive and stressful and shall only be used for temporary confinement.  Dogs and cats should not be caged except upon veterinary advice, transport and/or other professionally accepted practices.  Dogs kept in cages for these reasons shall be removed from them and exercised a minimum of twice a day – once in the morning and once in the afternoon – for a minimum of half an hour each time or once a day for a minimum of two hours.  This allows the animal to eliminate outside the cage.

5.  Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. 

6.  Every person in charge or control of any animal which is kept outdoors or in an unheated enclosure shall provide such animal, as a minimum, with shelter and bedding as described in the following;

    a.  Such shelter shall include an insulated, moisture proof and windproof structure of suitable size to accommodate the animal’s postural adjustments yet small enough to allow retention of body heat, made of durable material, with a solid floor raised at least 2 inches from the ground with the entrance facing away from prevailing winds during the appropriate season.

    b.  Structural strength.  The housing facility shall be structurally sound and maintained in good repair to protect animals from injury.

    c.  During the winter season the following shall apply:  The entryway shall be protected by self-closing door, an off-set outer door or a flexible flap made of windproof material.  The shelter shall be shaded during the hot months.  Bedding, such as cedar shavings, straw or other non-absorbent material, shall be provided in sufficient quantity for insulation against cold and damp.  Bedding shall be kept dry.

    d.  If doghouses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or objects which will prevent the animals from entering the shelter.

    e.  If animals are tethered, the chain, rope, or appliance shall be equipped with a swivel to prevent tangling.

    f.  Free access to porches, garages or port-a-doors with special areas within shall be considered satisfactory shelter.

    g.  Proper drink shall mean clean, rust and algae free, drinkable water available at all times.

       h.  All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal and be positioned or affixed to prevent spills.

7.  Shelter from sunlight shall be provided for animals kept outside.  When sunlight is likely to cause heat exhaustion to an animal tied or caged outside, and particularly during the months of May through September, inclusive, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.

8.  The minimum space for dogs kept in pens (not cages), excluding the shelter space (the house) shall be as follows:

   # of dogs         small        medium                    large                 

              to 25 pounds      25-50 pounds              over 50 pounds

   1               21 sq ft       60 sq ft                 80 sq ft

   2               32 sq ft       80 sq ft                 96 sq ft

   3               45 sq ft       96 sq ft                140 sq ft

 

9.  Space available to the mammal, reptile, or bird shall be useable, maintained in a safe and healthful manner and be free of standing water, accumulated waste and debris.

10. The following shall be the minimum standards for animals kept indoors:

    a.  Ambient temperatures.  The ambient temperature shall be compatible with the health of the animal.

    b.  Ventilation.  Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide fresh air and prevent moisture condensation.

    c.  Heat and light.  Natural or artificial lighting and heat shall be supplied to provide for the health of the animal at all times.

    d.  Lighting of primary enclosures shall be designed to protect animals from excessive illumination.  The duration of illumination shall be appropriate for the species involved.

    e.  Holding areas shall be constructed to allow a free flow of fresh air.
SECTION 7 IMPOUNDMENT AND REDEMPTION OF ANIMAL
 
A.  When an animal is found to be running at large, the town chair, board members, or employees may temporarily confine the animal.  Reasonable attempts will be made to locate the owner. The town will charge a fee, this fee to be set at a board meeting and published in minutes of said meeting.  This fee and all expenses incurred while confining the animal will be due and payable before the animal is released to its owner.  If the animal is not licensed, the animal will not be released to its owner until it has been licensed.  All fees and expenses incurred while confining the animal, which may include rabies vaccination, are due and payable at the time of licensing. (Ord. 2007-1)

B. Any animal found to be unlicensed, running at large, or otherwise in violation of this ordinance may be taken and impounded in the designated town animal shelter and there confined in a humane manner for a period of not less than seven (7) days. If not claimed prior thereto by its owner it shall thereafter become the property of the animal shelter and may be disposed of in a humane manner or sold to an individual desiring to purchase the dog as a pet (after signing an agreement to spay or neuter). If a dog is destroyed pursuant to this ordinance, the license for such dog shall expire.

C. Immediately upon the impounding of a dog wearing a current license, tatoo, or other identification, the designated town animal shelter shall make reasonable efforts to notify the owner of such dog of the impoundment and of the conditions whereby the owner may regain custody of the dog. Any verbal notices shall be confirmed in writing.

D. Not withstanding anything contained herein to the contrary, if a critically injured animal is at large pursuant to this ordinance, it may be destroyed, but only after reasonable efforts have been made to contact its owner.

E. Any animal impounded hereunder being held for suspected disease (except rabies) may be reclaimed by the owner within seven (7) days upon payment of the owner to the animal shelter any applicable forfeitures in addition to the costs for keeping such an animal during the impoundment, providing that the licensing requirements of this ordinance are complied with.

F. Impoundment and Redemption Fines and Forfeitures.

   1. These fees are subject to the fees set by the town's designated animal shelter.

G. Quarantine

   1. Any animal that has bitten a person shall immediately be impounded for at least ten (10) days and kept apart from other animals, under the supervision of a veterinarian or at the Town designated animal shelter, until it is determined whether such animal had or has a disease which might have been transmitted by such bite.

   2. Any animal which has been bitten by a rabid or suspected rabid animal shall be impounded and kept in the same manner for a period of six (6) months, unless the animal has been vaccinated for rabies within the previous year, then the impoundment period shall be sixty (60) days. The owner of an animal which has been bitten by a rabid animal shall notify the Town Board in the event of the animal's illness or death during quarantine.

   3. See WI Statutes Chapter 95.21 for additional rabies control guidelines.
SECTION 8 RECORDS

   A.  It shall be the duty of the Town Treasurer to serve as the municipal listing and collecting official.    

   B. It shall be the duty of the Town Treasurer to keep, or cause to be kept, accurate and detailed records of the licensing of dogs in the Town of Ellsworth.

   C. It shall be the duty of the Town Treasurer to keep, or cause to be kept, accurate and detailed records of all monies belonging to the Town pursuant to this ordinance. All checks and money orders for the licensing of dogs and fines shall be made payable to the Town of Ellsworth.

   D. It shall be the duty of the animal shelter to keep accurate and detailed records of the impoundment and disposition of all animals taken into its custody, including the breed, age, color, date of pickup, and date, place and manner of disposition.

   E. It shall be the duty of the animal shelter to keep, or cause to be kept, accurate and detailed records of all bite cases reported to them and their investigation of the same. A copy of the report shall be given to the Town Clerk.
SECTION 9 INVESTIGATION

   A. For the purpose of discharging the duties imposed by this ordinance and to enforce its provisions, the Town Board shall fully cooperate and assist the designated town animal shelter, the Department of Agriculture, and authorized state health officials in identifying and locating animals which pose a risk and/or danger to the public and/or are in need of humane treatment. To such extent as is permitted by state statute, the Town Board or its agent, any law enforcement officer, or the humane society is empowered to enter upon the premises upon which an animal is kept or harbored and to demand the exhibition by the owner of such animal and/or license for such animal.

   B. It is further provided that the Town Board shall fully cooperate and assist the Department of Agriculture, authorized health officials and designated humane societies in identifying and locating animals which are being kept in reportedly cruel and/or inhumane manner. To such extent as is permitted by state statute, the Town Board or its agent, any law enforcement officer, or the humane society is empowered to enter upon the premises where any animal is kept in a reportedly cruel and/or inhumane manner and demand to examine such animal and to take possession of such animal when it requires humane treatment.

   C. The Town Board shall cooperate and assist any law enforcement officer in the discharge of his duties with respect to animal control.
SECTION 10 INTERFERENCE

    A. No person shall interfere with, hinder or molest the Town Board or the designated town animal shelter in the performance of the duties of his/her/its office or seek to release any animal in the custody of the Town Board or the designated town animal shelter except as herein provided.

    B. Any such action shall constitute a violation of this ordinance.
SECTION 11 ORGANIZED ANIMAL FIGHTING PROHIBITED

No dog fighting, cock fighting, bull baiting, bear baiting or other setting of or other fighting of one animal against another shall be permitted in the Town of Ellsworth.
SECTION 12 ABANDONMENT OR ABUSE OF ANIMALS

It shall be unlawful for anyone to knowingly abandon or abuse any animal. Each person who does abandon or abuse knowingly or willingly permits this abandonment or abuse or aids in the abandonment or abuse of any animal shall be in violation of this ordinance and shall be subject to the penalties as herein provided.
SECTION 13 ADDITIONAL REQUIREMENTS FOR PRECAUTIONS TO BE
TAKEN BY OWNERS OF DANGEROUS ANIMALS

   A. Whenever outside of its enclosure as provided in Section 2, Item 12 (Proper Enclosure), but it is on the owners property, a dangerous animal must be attended by its owner and restrained by a secure collar and leash or sufficient strength to prevent escape.

   B. No dangerous animal shall be chained, tethered, or otherwise tied to any inanimate object such as a tree, post, or building, outside of its own enclosure as provided for in Section 2, Item 12 (Proper Enclosure).

   C. In addition to the requirements in Section 2, Item 12 (Proper Enclosure) for owners of dangerous animals who maintain the animal out-of-doors, a portion of their property shall be fenced with a perimeter or area fence. Within this perimeter fence, the dangerous animal must be humanely confined inside an enclosure of adequate size. The enclosure may not share common fencing with the area or perimeter fence. The enclosure must have secure sides: a secure top attached to all sides; the sides must either be buried two (2) feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be securely locked at all times.

   D. Except when being transported in and securely confined within a vehicle, no dangerous animal shall be permitted off the property of its owner except when it is attended by its owner or designated custodian and is restrained by a secure collar and leash (not be exceed six (6) feet in length. Both collar and leash must be of sufficient strength to prevent escape and muzzled by any means sufficient to prevent biting other persons or domestic animals.
SECTION 14 ENFORCEMENT OF RESTRICTION ON DANGEROUS ANIMALS

    A. In the event that the Town Board has received information that a dangerous animal is being harbored in violation of this ordinance, they may:

       1. Notify the owner or keeper of the violation and order the violation immediately corrected.

       2. If the violation cannot be immediately corrected and the animal is posing an imminent serious threat to human beings or other domestic animals, the animal may be seized and impounded at the owner's expense. At the owner's request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner's choosing.

       3. If the owner or keeper of the dangerous animal fails to either provide proof that the animal will now be kept restrained or confined in compliance with the provisions of this ordinance, or fails to reclaim it from the designated Town shelter after impoundment and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in this ordinance, it will be humanely euthanized.
SECTION 15 WARNING SIGNS

All owners, keepers, or harborers of any guard or officially determined dangerous dog or dangerous animal shall display in a prominent place on their premises and at each entrance or exit to the area where such an animal is confined, a sign easily readable by the public using words: “BEWARE OF DOG”, “BEWAE OF DANGEROUS ANIMAL.”

SECTION 16 DUTIES OF ALL ANIMAL OWNERS

   A. It shall be the duty of every owner of any animal or anyone having any animal in their possession or custody, to exercise reasonable care and to take all necessary steps and precautions, including constructing and maintaining fences or animal enclosures of appropriate height and durability, to protect other people, property, and animals from injuries or damage which might result from their animal's behavior, regardless whether such behavior is motivated by mischievousness, playfulness, or ferocity.

    B. It shall be the duty of every owner of any animal, or anyone having any animal in their possession or custody, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its' owner, possessor or custodian.

    C. It shall be the duty of the owner of any animal or anyone having a animal in their possession or keep the animal under restraint and control at all times while the animal is off the real property limits of the owner, possessor, or custodian.

    D. Failure to keep any animal confined or under restraint as provided for in this Section shall be unlawful and shall be punishable as herein provided.

    E.  No person shall keep or harbor any nuisance dog, nor shall any person keep or harbor any animal or fowl which by frequent or habitual howling, yelping, barking, crowing, or making of other noises shall cause serious annoyance or disturbance to persons or to a neighborhood.

    F. Any person owning, keeping or harboring any animal or companion animal will be responsible to keep his property clean of all fecal matter from said animal(s).   All animal waste shall be removed so as to keep the surrounding area free from obnoxious odors.  Disposition of all animal waste, including urine, fecal matter and excreta shall be in a manner that is consistent with the maintenance of human and animal health.  Animal waste shall be disposed of in a manner that does not pollute or contaminate ground water or soil.  Acceptable methods for disposing of animal waste include flushing down an indoor toilet where the property is connected to a municipal sewer utility, disposing in a holding tank, composting with suitable quantities of leaves, grass and other organic debris (fecal matter to be less than 20% of gross weight of composted material) or spreading over land after being first treated with lime, provided any crop grown is for non-human use and the spreading is at least 100 yards from the nearest domicile.  Disposition of animal waste in an on-site landfill, or burying the animal waste, is not an acceptable disposition.  Burning and incineration of animal waste is not an acceptable disposition unless the incinerator is one approved by the Department of Natural Resources and all other State and local agencies which monitor and license such facilities.  Disposition of animal waste in a private septic system (including drain field systems or mound systems) is not a permitted disposition.

      G. No wild animals or exotic animals may be kept within the Town of Ellsworth, which may include a town public hearing and/or a Special Town Meeting called for such purpose.  Wild animals and exotic animals may be kept for exhibition purposes by circuses, zoos, or educational institutions, in accordance with such regulations as shall be established by the Town Board.

SECTION 17 PENALTIES

   Any person who violates any provision of this ordinance may be subject to a forfeiture penalty of not less than $100.00 nor more than $500.00 together with the costs of prosecution; provided however, the minimum penalty which shall be assessed for multiple violations in any twelve (12) consecutive months as follows:

        First violation - $100.00;  second violation - $200.00;  third violation - $300.00;  fourth violation - $400;  fifth violation -                 $500.00. 
SECTION 18 SEVERABILITY AND CONFLICT

        If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

 

Town of Ellsworth Animal Control Ordinance adoption, additions, amendments, clarifications and modifications, all signed by Barry J Foy as Chairman and attested by Phyllis J Beastrom, Clerk as follows:

 

Ordinance 1993-1 Animal Control Ordinance dated and approved the 6th day of December, 1993.  Date published December 22, 1993.

Ordinance 1995-3  Additions to the Animal Control Ordinance adopted the 3rd day of April, 1995.  Published April 19, 1995.

Ordinance 1995-4 Animal Control Ordinance Fence Clarification adopted the 7th day of August, 1995.

Published September 6, 1995

Ordinance 1996-2 Animal Control Ordinance amending commercial dog kennel fees adopted the 7th day of October, 1996.

Published  October 23, 1996

Ordinance 1998-1 Animal Control Ordinance additions regarding kennel license records and licensing late fees adopted May 4, 1998.  Published May 13, 1998

Ordinance 1998-2  Animal Control Ordinance additions designating the town treasurer as the listing and collecting official, adopted September 10, 1998, published September 16, 1998

Ordinance 1999-1 Animal Control Ordinance modifies Section 17, Penalties, adopted January 7, 1999; published January 20, 1999

Ordinance 2000-3  Animal Control Ordinance Language Clarifications, adopted June 5, 2000; published June 14, 2000

Ordinance 2006-3 Update License Fees and remove specific name for town animal shelter and replace with “designated town animal shelter”, adopted September 11, 2006;

Ordinance 2007-1  Amend Section 7 to include Town fee for temporarily confining an animal running at large, adopted March 5, 2007, and published March 14, 2007;

 

3/2007
 

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