HomeMy WebLinkAboutChapter 06 - AnimalsCity of Oshkosh Municipal Codes
Revised 04/09/24
City of Oshkosh Chapter 6 – Page 1 Municipal Codes
CHAPTER 6
ANIMALS
ARTICLE I. DEFINITIONS
6-1 DEFINITIONS
ARTICLE II. LICENSING OF ANIMALS
6-2 STATE STATUTES ADOPTED
6-3 LICENSE; REQUIRED
6-3.2 URBAN CHICKENKEEPING
6-3.3 URBAN BEEKEEPING
6-3.4 URBAN DUCKKEEPING
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 ANIMALS
6-9 PET LITTERING
6-10 ANIMAL TRAPS
6-11 REPEALED
6-12 RESERVED
ARTICLE IV. ANIMAL SHELTER/IMPOUNDMENT OF ANIMALS
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 ANIMAL BOARDING/DAYCARE
6-19 SALE OF PROHIBITED ANIMALS
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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,
(d) bird or
(e) bees.
(2) Chicken shall mean hens or pullets. No roosters.
(3) Duck shall mean heavy body, egg laying hens. No drakes.
(4) 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.
(5) Reserved. (Repealed 7/1/12)
(6) Reserved. (Repealed 7/1/12)
(7) Impound or Isolation Facility shall mean the Oshkosh Animal Shelter, a veterinary
hospital, or other place specified by the supervising officer who 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) Wis. Stats., a humane
officer, or a community service officer. The "supervising officer" shall mean that officer
designated by the Chief of Police or his/her designee to supervise the individual case.
(9) Reserved. (Repealed 7/1/12)
(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 ANIMALS
SECTION 6-2 STATE STATUTES ADOPTED
The rules and regulations pertaining to licensing, specifically Sections 174.001, 174.05, 174.053, 174.054,
174.055, 174.07 and 95.51 Wisconsin Statutes and Chapter ATCP 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 who owns, harbors, or keeps a dog or cat in the City 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.
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SECTION 6-3.2 URBAN CHICKENKEEPING
(A) Purpose
The purpose of this section is to establish regulations applicable to urban chickenkeeping on lots
with single and two-family residential uses within the City and is intended to limit issues that
might otherwise be associated with unregulated urban chickenkeeping in neighborhoods. By
providing reasonable regulations for urban chickenkeeping on properties, the City can support a
sustainable activity while setting standards that are practical for chickenkeepers and safe for
neighbors.
(B) Definitions
(1) “Adjacent lot” shall mean all lots that the applicant’s property comes into contact with at
one or more points, except for lots that are legally abutting but separated from the
applicant’s property by a public or private street, alley or other right-of-way.
(2) “Chicken” shall mean hens or pullets.
(3) “Chickenkeeper” means a person who owns or has charge of one or more chickens on his or
her property.
(4) “Chicken enclosure, housing facilities, enclosure” means the enclosure inhabited by one or
more chickens that is constructed for that purpose.
(5) “Lot” means a contiguous parcel of land under common ownership.
(6) “Run” shall mean the fenced or enclosed outdoor space provided for chickens. Runs shall
be fully enclosed, including the top and all sides.
(7) “Primary Residential Structure” shall mean any building located on a lot and used for living
purposes.
(C) Permit required
No person shall keep or maintain any chicken within the city limits prior to obtaining an annual
permit from the City and registration with the State. The City permit year shall commence on
January 1 of each year and permits shall expire on December 31 of that year. Prior to permitting by
the City, the owner must provide proof of State Livestock Registration.
(1) Every Chickenkeeper shall pay the appropriate fee and obtain a permit to
keep chickens on property owned or occupied by the person.
(2) A maximum of six (6) chickens may be kept on lots containing single or
two-family residential land uses if:
(a) The permit application is submitted including but not limited to the
following information: name of applicant, property address, contact
number, license fee, and scaled site plan consistent with the standards of
practice identified within this section; together with any additional
information reasonably determined to be necessary by the Director of
Community Development to determine whether the applicant has or will
comply with all standards of practice identified within this section and
any other applicable ordinance or statutory requirements. Tenants
submit to the City a written statement of support signed by the property
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owner. Tenants seeking to raise chickens also submit a written
agreement between the landlord/property owner and applicant, as to the
plans for maintenance of the coop and chickens and their disposition
after the applicant vacates the premises.
(b) A permit is issued by the Planning Services Division for construction of
the required coop/enclosure.
(c) Maximum combination of six (6) chickens and/or ducks are permitted.
(3) Permits are personal to the applicant, non-transferrable, and do not attach to
or run with the land.
(4) The fee for the initial permit shall be as established by the Common Council.
Annual renewal of the permit is required and the fee for the renewal shall be
equal to the initial permit fee as established by this Chapter.
(5) If the standards of practice are not established and/or maintained subsequent to
issuance of a chickenkeeping permit, the permit may be revoked by the City.
Once a permit has been revoked, it shall not be reissued for a period of at least
two years.
(D) Standards of Practice
Every owner and/or person in charge of keeping chickens shall provide the chickens with shelter
and bedding as prescribed in this Section as a minimum.
(1) All chickens shall be kept and maintained within a detached, stationary
structure used exclusively for the keeping of chickens. Temporary or movable
devices or structures shall be prohibited.
(a) Exemption: chicks can be incubated/nurtured indoors for no more than four
(4) weeks.
(2) The housing facilities shall be structurally sound, moisture proof, and
maintained in good repair.
(3) Chicken enclosures shall be constructed and maintained to provide sufficient
space to allow each animal adequate freedom of movement and the retention
of body heat.
(4) The chicken enclosure’s floor, foundation and footings shall be constructed
using a hard, cleanable surface, (e.g., concrete, wood, linoleum, or hard
plastic) and shall be resistant to rodents. A dirt floor is not acceptable.
(5) A sufficient quantity of suitable clean bedding material, to provide insulation
and protection against the cold and dampness and promote the retention of
body heat.
(6) Chickens shall be provided enclosures that are enclosed, predator-proof,
insulated, and adequately ventilated.
(7) Chicken enclosures shall measure a minimum of seven (7) square feet in area
or three (3) square feet in area per chicken, whichever is greater with one nest
box provided per every two (2) chickens.
(8) Chicken enclosures must be so constructed and maintained as to prevent
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rodents from being harbored underneath or within the walls thereof.
(9) Chicken feed shall be stored and kept in containers which make the feed
unavailable to rodents, vermin, wild birds, and predators.
(10) Chicken enclosures shall provide elevated perches to ensure chickens are able
to rest in their natural roosting position.
(11) No chicken enclosure shall be located closer than 25 feet to any primary
residential structure on an adjacent lot and chicken enclosures must be located
in the rear yard of the property, as defined by the Zoning Ordinance. The
structure must also meet accessory structure setbacks for the lot's zoning district,
as regulated by the Zoning Ordinance.
(12) Chickens shall be secured with the enclosure during non-daylight hours.
(13) In addition to an enclosure, chickens shall be provided access to an outdoor
enclosed run area for the majority of daylight hours, weather permitting.
(14) Every chickenkeeper shall keep and maintain the required enclosure in a
clean, sanitary, and odor fee condition. All chicken enclosures, attached
runs/enclosures and yards where chickens are kept or maintained shall be
cleaned regularly to keep them reasonably free from substances, including but
not limited to manure, uneaten feed, feathers, and other such waste so that it
does not cause the air or environment to become noxious or offensive or to
be in such condition as to promote the breeding of flies, mosquitoes, or other
insects, or to provide habitat, breeding or feeding place for rodents or other
animals, or otherwise be injurious to public health.
(15) Chickens shall be kept and handled in a sanitary manner to prevent the
spread of communicable diseases among birds or to humans.
(16) Any person keeping chickens shall immediately report any unusual illness
or death of chickens to the Winnebago County Health Department.
(E) Prohibitions
(1) The slaughter of chickens is prohibited.
(2) Roosters shall be prohibited except for in Rural Holding (RH-35) Districts or
unless part of an agricultural operation authorized by the City of Oshkosh
Zoning Ordinance Chapter 30 of the Municipal Code.
(3) Chickenkeeping within the City may only occur on lots containing single
and two-family residential land uses. Chickenkeeping on lots containing any
other land uses is prohibited.
(4) Chickens shall not be kept or maintained upon a vacant lot or inside a
residential structure, including basements, porches, garages, sheds, or
similar storage structures.
(a) Exemption: chicks can be incubated/nurtured indoors for no more than
four (4) weeks.
(5) Off site sale of eggs is prohibited except as otherwise permitted by the State of
Wisconsin and the United States Department of Agriculture.
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(6) Chickens with an infectious disease capable of being transmitted from bird to
bird or birds to humans, including but not limited to, salmonella, avian
influenza, are prohibited and shall be immediately euthanized by a
veterinarian.
(F) Appeals regarding Determinations to Deny Permit
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68
Wisconsin Statutes in relation to Appeals of Determinations to Issue Chickenkeeping
Permits under this Chapter and appeals shall proceed as follows.
(2) Per Section 30-344(B)(1) of the City of Oshkosh Municipal Code, any person denied a
permit may file an appeal with the Board of Zoning Appeals within ten (10) business
days of the date the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community Development in
writing, specify the reasons for the appeal and be signed by the person making the
appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative
decision of the Director of Community Development or Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within
sixty (60) days of the filing of the Notice of Appeal per Section 30-410. The decision of
the Board of Appeals shall be the final determination in relation to this issue and may be
appealed within the time specified and as provided in Section 68.13 Wisconsin Statutes.
(G) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their
official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development in writing,
specify the reasons the permit should be revoked and be signed by the person making the
complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City
Manager. Any person or party aggrieved by such decision of the Hearing Officer may
appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal
with the City Clerk within ten (10) business days of mailing of a written order from the
Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed
within the time specified and as provided in Section 68.13 Wisconsin Statutes.
(6) Unless appealed as provided above in which case such appeal shall act as a stay upon this
provision until a final determination is issued by a court of competent jurisdiction, upon
revocation of a permit the property owner shall cease all chicken keeping activity on his or
her lot within 14 days. Failure to do so shall be considered a violation of this Ordinance.
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The Director of Community Development or Designee shall have the responsibility of
enforcing this provision and may take such action as is necessary to abate such violation.
SECTION 6-3.3 URBAN BEEKEEPING
(A) Purpose
The purpose of this section is to establish requirements for urban beekeeping on lots
containing single family residential uses within the city. Honeybees are critical
pollinators for flowers, fruits and vegetables. Managed colonies of bees help to increase
yields and quality of a large variety of plants commonly found in backyard gardens,
parks, and natural areas. A growing interest in renewable resources has prompted more
people to take up urban beekeeping as a way to produce their own honey, beeswax,
pollen and other hive products that are high in nutritional value. Domestic strains of
honeybees have been selectively bred for desirable traits so that they can be kept within
populated areas and in reasonable densities. By providing reasonable regulations for
urban beekeeping on properties, the City can support a sustainable activity while
setting standards that are practical for beekeepers and safe for neighbors.
(B) Definitions
(1) "Apiary" means the assembly of one or more colonies of bees at a single location
which also include wild bee houses constructed by the property owner.
(2) "Africanized honey bee" (Apis mellifera scutellata) means a subspecies or hybrid of
the common domestic honey bee (Apis mellifera) native to central and southern
Africa.
(3) "Beekeeper" means a person who owns or has charge of one or more colonies of bees
which also includes a person constructing a wild bee house on their property.
(4) "Beekeeping equipment" means anything used in the operation of an apiary, such as
hive bodies, supers, frames, top and bottom boards and extractors.
(5) "Colony" means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times drones, brood, combs, and honey.
(6) "Hive" means the receptacle inhabited by a colony that is constructed for that
purpose.
(7) "Honey bee" means all life stages of the common domestic honeybee, apismellifera
(African subspecies and Africanized hybrids are not allowed).
(8) "Lot" means a contiguous parcel of land under common ownership.
(9) "Nucleus colony" means a small quantity of bees with a queen housed in a smaller
than usual hive box designed for a particular purpose.
(10) "Primary Residential Structure" shall mean any building located on a lot and used
for living purposes.
(11) "Undeveloped property" shall mean any idle land that is not improved or not in the
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process of being improved with residential, commercial, industrial, church, park,
school or governmental facilities or other structures or improvements intended for
human occupancy and the grounds maintained in associations therewith.
(C) Permit required
(1) No beekeeping may occur on any property in the city unless the
Community Development Director or designee issues a permit to the
beekeeper on that specific property. The permit will be valid for a single
calendar year beginning on January 1st and expiring on December 31st.
(2) Every Beekeeper shall pay the appropriate fee and obtain a permit to keep
bees on property owned or occupied by the person.
(3) A beekeeping permit will only be issued if:
(a) The permit application is submitted including but not limited to the
following information: name of applicant, property address, contact
number, license fee, and scaled site plan consistent with the standards
of practice identified within this section; together with any additional
information reasonably determined to be necessary by the Director of
Community Development to determine whether the applicant has or
will comply with all standards of practice identified within this
section and any other applicable ordinance or statutory requirements.
Tenants submit to the City a written statement of support signed by
the property owner. Tenants seeking to keep bees also submit a
written agreement between the landlord/property owner and
applicant, as to the plans for maintenance of the hives and bees and
their disposition after the applicant vacates the premises.
(b) A permit is issued by the Planning Services Division for
construction of the required flyaway barrier, if necessary.
(4) Permits are personal to the applicant, non-transferrable, and do not attach to
or run with the land.
(5) The fee for the initial permit shall be as established by the Common Council.
Annual renewal of the permit is required and the fee for the renewal shall be
equal to the initial permit fee as established by this Chapter.
(6) If the standards of practice are not established and/or maintained subsequent to
issuance of a beekeeping permit, the permit may be revoked by the City. Once a
permit has been revoked, it shall not be reissued for a period of at least two
years.
(D) Standards of practice
(1) In all zoning districts, the following regulations shall apply:
(a) Honey bee colonies shall be kept in hives with removable frames, which
must be kept in sound and usable conditions.
(b) The maximum size of a hive shall not exceed 15 cubic feet in volume.
(c) The maximum number of hives allowed on any lot are based on the size
of lot, as follows:
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(i) Lot size of½ acre or smaller: maximum two (2) hives allowed.
(ii) Lot size larger than½ acre but smaller than one acre: maximum
four (4) hives allowed.
(iii) Lot size of one acre or larger: maximum of six (6) hives allowed.
(d) No beehive shall be kept closer than five (5) feet to any lot line and twenty-
five (25) feet to a primary residential structure or the permitted placement
of a primary residential structure on another parcel, and beehive shall be
placed only in the rear or side yard. The entrance of any beehive shall face
away from the property line of the adjacent property closest to the
beehive. Beekeeping equipment shall be screened to avoid being visible
from the street or sidewalk.
(e) A solid wall, fence or dense hedge, known as a "flyway barrier," at
least six (6) feet in height, must be placed around all beehives located
within twenty- five (25) feet of a lot line. This flyway barrier shall be
located within five (5) feet of the hive entrance and shall extend at least
three (3) feet on either side of the hive (See Appendix X).
(f) Flyway Barrier Exemptions. No such flyway barrier shall be required for
individual beehives that are located on roofs, porches or balconies at least
ten (10) feet above grade. Beekeeping equipment kept on roofs, porches
or balconies shall be screened from view. A flyway barrier is not
required if the property adjoining the apiary lot line is undeveloped, or is
zoned agricultural or non-residential, or is a wildlife management area or
naturalistic park land with no horse or foot trails within twenty-five (25)
feet of the apiary lot line.
(g) A supply of fresh water no smaller than three (3) gallons in size shall be
maintained in a location within ten feet of each colony and readily
accessible to all bee colonies on the site throughout the day to prevent
bees from congregating at neighboring swimming pools or other sources
of water on nearby properties.
(h) Each beekeeper must ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the apiary lot.
Such materials once removed from the site shall be handled and stored in
sealed containers, or placed within a building or other vermin-proof
container.
(i) Each beekeeper shall maintain his beekeeping equipment in good
condition, including keeping the hives painted if they have been painted
but are peeling or flaking.
(j) Unused equipment shall be secured from weather, potential theft or
vandalism and occupancy by swarms. It shall be a violation of this
section for any beekeeper's unused equipment to attract a swarm, even if
the beekeeper is not intentionally keeping honeybees. Prohibitions.
Africanized honey bees (Apis mellifera scutellata) are prohibited and may not be
kept on a property under the regulations of this Section.
(k) Bees shall not be kept or maintained upon a vacant lot or inside a primary
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residential structure, including basements, porches, garages, or accessory
structure such as garages, sheds, or similar storage structures.
(H) Appeals regarding Determinations to Deny Permit
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68
Wisconsin Statutes in relation to Appeals of Determinations to Issue Beekeeping Permits
under this Chapter and appeals shall proceed as follows.
(2) Per Section 30-344(B)(1) of the City of Oshkosh Municipal Code, any person denied a permit
may file an appeal with the Board of Zoning Appeals within ten (10) business days of the
date the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community Development in
writing, specify the reasons for the appeal and be signed by the person making the appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Director of Community Development or Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed
within the time specified and as provided in Section 68.13 Wisconsin Statutes.
(I) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their
official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development in writing,
specify the reasons the permit should be revoked and be signed by the person making the
complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City
Manager. Any person or party aggrieved by such decision of the Hearing Officer may
appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal
with the City Clerk within ten (10) City business days of mailing of a written order from the
Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision
of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty
(60) days of the filing of the Notice of Appeal per Section 30-410. The decision of the Board
of Appeals shall be the final determination in relation to this issue and may be appealed
within the time specified and as provided in Section 68.13 Wisconsin Statutes.
(6) Unless appealed as provided above in which case such appeal shall act as a stay upon this
provision until a final determination is issued by a court of competent jurisdiction, upon
revocation of a permit the property owner shall cease all beekeeping activity on his or her
lot within 14 days. Failure to do so shall be considered a violation of this Ordinance. The
Director of Community Development or Designee shall have the responsibility of enforcing
this provision and may take such action as is necessary to abate such violation.
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SECTION 6-3.4 URBAN DUCKKEEPING
(A) Purpose
The purpose of this section is to establish regulations applicable to urban
duckkeeping on lots with single and two-family residential uses within the City
and is intended to limit issues that might otherwise be associated with
unregulated urban duckkeeping in neighborhoods. By providing reasonable
regulations for urban duckkeeping on properties, the City can support a
sustainable activity while setting standards that are practical for duckkeepers and
safe for neighbors.
(B) Definitions
(1) "Adjacent lot" shall mean all lots that the applicant's property comes into
contact with at one or more points, except for lots that are legally abutting
but separated from the applicant's property by a public or private street,
alley or other right-of-way.
(2) "Duck" shall mean heavy body, egg laying hens. No drakes.
(3) "Duckkeeper" means a person who owns or has charge of one or more ducks
on their property.
(4) "Duck enclosure, housing facilities, enclosure" means the enclosure inhabited
by one or more ducks that is constructed for that purpose.
(5) "Lot" means a contiguous parcel of land under common ownership.
(6) "Run" shall mean the fenced in outdoor space provided for ducks.
(7) "Primary Residential Structure" shall mean any building located on a lot and
used for living purposes.
(C) Permit Required
No person shall keep or maintain any ducks within the city limits prior to obtaining
an annual permit from the City and registration with the State. The City permit year
shall commence on January 1 of each year and permits shall expire on December 31 of
that year. Prior to permitting by the City, the owner must provide proof of State
Livestock Registration.
(1) Every Duckkeeper shall pay the appropriate fee and obtain a permit to keep
ducks on property owned or occupied by the person.
(2) A maximum of six (6) ducks may be kept on lots containing single or two-
family residential land uses if:
(a) The permit application is submitted including but not limited to the
following information: name of applicant, property address, contact
number, license fee, and scaled site plan consistent with the standards of
practice identified within this section; together with any additional
information reasonably determined to be necessary by the Director of
Community Development to determine whether the applicant has or will
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comply with all standards of practice identified within this section and any
other applicable ordinance or statutory requirements. Tenants submit to
the City a written statement of support signed by the property owner.
Tenants seeking to raise ducks also submit a written agreement between
the landlord/property owner and applicant, as to the plans for
maintenance of the enclosure and ducks and their disposition after the
applicant vacates the premises.
(b) A permit is issued by the Planning Services Division for construction of
the required coop/enclosure.
(c) Maximum combination of six (6) ducks and/or chickens are permitted.
(3) Permits are personal to the applicant, non-transferrable, and do not attach to
or run with the land.
(4) The fee for the initial permit shall be as established by the Common Council.
Annual renewal of the permit is required and the fee for the renewal shall be
equal to the initial permit fee as established by this Chapter.
(5) If the standards of practice are not established and/or maintained subsequent to
issuance of a duckkeeping permit, the permit may be revoked by the City. Once
a permit has been revoked, it shall not be reissued for a period of at least two
years.
(D) Standard of Practice
Every owner and/or person in charge of keeping ducks shall at minimum provide
the ducks with shelter, bedding, and water as prescribed in this Section.
(1) All ducks shall be kept and maintained within a detached, stationary
structure used exclusively for the keeping of ducks. Temporary or movable
devices or structures shall be prohibited.
a. Exemption: ducklings can be incubated/nurtured indoors for no more
than four (4) weeks.
(2) The duck enclosure shall be structurally sound, moisture proof, and
maintained in good repair. The enclosure floor can be dirt but the structure
walls will then need to be buried 6 inches below ground to prevent predators
from digging into the enclosure. Concrete or wood floors are also permitted.
Slippery plastic or metal wire flooring is prohibited.
(3) Duck enclosures shall be constructed and maintained to provide sufficient
space to allow each animal adequate freedom of movement and the retention of
body heat. The outdoor run needs to be 50 square feet per one bird. Ducks shall
be provided enclosures that are enclosed, predator-proof, and adequately
ventilated.
(4) Ducks are all-weather birds so they should have full access to their run area at
all times. Ducks will play in rain and snow, but also need a shaded area for the
hot summer weather.
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(5) Duck run shall have a water feature to replicate a pond, such as a plastic tub
filled with water. This water feature shall meet the same setback requirements
as duck enclosures. It is recommended to have at least one gallon per duck
available.
(6) Ducks are winter resilient and need air flow more than insulation, but a
sufficient quantity of clean bedding material shall be provided for some
insulation and to help retain body heat.
(7) Duck enclosures shall measure a minimum of eight (8) square feet in
area or four (4) square feet in area per duck, whichever is greater. Duck
enclosure shall be at least three (3) feet high.
(8) Duck enclosure entrance shall have a zero entry or a very slight non-slip
ramp. Duck enclosures do not need nest boxes, but one can be used if
desired. Ducks are very good at laying eggs anywhere they see most fit.
(9) Duck enclosures must be constructed and maintained so as to prevent
rodents from being harbored underneath or within the walls thereof.
(10) No duck enclosure shall be located closer than 25 feet to any neighboring
primary residential structure and duck enclosures must be located in the
rear yard of the property, as defined by the Zoning Ordinance. The duck
enclosure can be placed next to a primary or accessory structure if no
heating element is within said enclosure.
(11) Every duckkeeper shall keep and maintain the required enclosure in a
clean, sanitary, and odor fee condition. All duck enclosures, attached
runs/enclosures, and yards where ducks are kept and maintained shall be
cleaned regularly to keep them reasonably free from substances, including
but not limited to manure, uneaten feed, feathers, and other such waste
so that it does not cause the air or environment to become noxious, or
offensive, or to be in such condition as to promote the breeding of flies,
mosquitoes, or other insects, or to provide habitat, breeding or feeding
place for rodents and other animals, or otherwise be injurious to public
health.
(12) Duck feed shall be stored and kept in containers which make the feed
unavailable to rodents, vermin, wild birds, and predators.
(13) Ducks shall be kept and handled in a sanitary manner to prevent the
spread of communicable diseases among birds or to humans.
(14) Any person keeping ducks shall immediately report any unusual illness
or death of ducks to the Winnebago County Health Department.
(E) Prohibitions
(1) The slaughter of ducks is prohibited.
(2) Drakes shall be prohibited except for in Rural Holding (RH-35) Districts or
unless part of an agricultural operation authorized by the City of Oshkosh
Zoning Ordinance Chapter 30 of the Municipal Code.
(3) Duckkeeping within the City may only occur on lots containing single and
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two-family residential land uses. Duckkeeping on lots containing any other
land uses is prohibited.
(4) Ducks shall not be kept or maintained upon a vacant lot or inside a residential
structure, including basements, porches, garages, sheds, or similar storage
structures.
(a) Exemption: ducklings can be incubated/nurtured indoors for no more
than four (4) weeks.
(5) Offsite sale of eggs is prohibited except as otherwise permitted by the State of
Wisconsin and the United States Department of Agriculture.
(6) Ducks with an infectious disease capable of being transmitted from bird to bird
or birds to humans, including but not limited to, salmonella and avian
influenza, are prohibited and shall be immediately euthanized by a
veterinarian.
(F) Appeals regarding Determinations to Deny Permit
(1) The City of Oshkosh elects not to be strictly bound by the provisions of
Chapter 68 Wisconsin Statutes in relation to Appeals of determinations to
Issue Duckkeeping Permits under this Chapter and appeals shall proceed as
follows.
(2) Per Section 30-344(B)(l) of the City of Oshkosh Municipal Code, any person
denied a permit may file an appeal with the Board of Zoning Appeals within ten
(10) business days of the date the notice of denial is postmarked.
(3) Notices of Appeal shall be filed with the Department of Community
Development in writing, specify the reasons for the appeal and be signed by
the person making the appeal.
(4) The Board of Appeals shall decide whether to uphold or reverse the
administrative decision of the Director of Community Development or
Designee.
(5) The Board of Appeals shall act upon the appeal and issue its written decision
within sixty (60) days of the filing of the Notice of Appeal per Section 30-410.
The decision of the Board of Appeals shall be the final determination in relation
to this issue and may be appealed within the time specified and as provided
in Section 68.13 Wisconsin Statutes.
(G) Revocations of Permits
(1) Revocation of permits may be commenced by complaint filed by city staff
acting in their official capacity or by any abutting property owner.
(2) Complaints shall be filed with the Department of Community Development
in writing, specify the reasons the permit should be revoked and be signed
by the person making the complaint.
(3) Complaints shall be heard before a Hearing Officer who shall be appointed
by the City Manager. Any person or party aggrieved by such decision of the
Hearing Officer may appeal such decision to the Board of Zoning Appeals
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by filing a written notice of appeal with the City Clerk within ten (10)
business days of mailing of a written order from the Hearing Officer.
(4) The Board of Appeals shall decide whether to uphold or reverse the
administrative decision of the Hearing Officer.
(5) The Board of Appeals shall act upon the appeal and issue its written decision
within sixty (60) days of the filing of the Notice of Appeal per Section 30-410,
The decision of the Board of Appeals shall be the final determination in relation
to this issue and may be appealed within the time specified and as provided in
Section 68.13 Wisconsin Statutes.
Unless appealed as provided above in which case such appeal shall act as a stay upon this
provision until a final determination is issued by a court of competent jurisdiction, upon
revocation of a permit the property owner shall cease all duck keeping activity on his or her lot
within 14 days. Failure to do so shall be considered a violation of this Ordinance. The
Director of Community Development or Designee shall have the responsibility of enforcing
this provision and may take such action as is necessary to abate such violation.
SECTION 6-4 LICENSE; FEES
Every owner of a dog or cat shall pay the City Treasurer prior to January 1 of each year, the sum of Five
Dollars ($5.00) for each dog or cat, 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 bees, or if the owner failed to obtain a license on or before the date
the dog or cat reached licensable age, an additional fee of Seven Dollars ($7.00) shall be assessed and
collected.
ARTICLE III. GENERAL REGULATIONS
SECTION 6-5 STATE STATUTES ADOPTED
The following statutes together with any future additions, deletions or supplements thereto, are herewith
incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth
in full herein. Providing, however, that where such rules and regulations are less stringent than other
provisions found in this Code, the provisions of this Code shall apply.
95.51 Livestock Premises Registration
174.042 Dogs running at large and untagged dogs
951.02 Mistreating Animals
951.025 Decompression Prohibited
951.03 Dognapping and Catnapping
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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
The rules and regulations pertaining to licensing, impoundment, running at large and untagged, and rabies
control shall apply also to cats and chickens within the City of Oshkosh.
SECTION 6-5.5 HUMANE OFFICER; APPOINTMENT; AUTHORITY
Pursuant to Section 173.03 of the Wisconsin Statutes, the Common Council for the City of Oshkosh, may
from time to time, appoint one or more Humane Officers. Humane Officers shall have the authority
specified in Chapter 173 and shall be under the direction of the chief of Police or his/her designee.
SECTION 6-5.6 ABATEMENT ORDERS
(A) Issuance of Order. After investigation, if a humane officer or law enforcement officer has
reasonable grounds to believe that a violation of a statute or ordinance is occurring and that the
violation is causing or has the potential to cause injury to an animal, the humane officer or law
enforcement officer may issue and serve an order of abatement pursuant to Section 173.11 of the
Wisconsin Statutes.
(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 City Manager shall
appoint a Hearing Officer who shall conduct the hearing pursuant to the provisions of Section
173.11 of the Wisconsin Statutes.
(C) Appeal. Appeal from the decision of the Hearing Officer 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,
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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 (I):
(1) Any fowl or poultry (except for chickens kept with a valid permit issued under section
6-3.2 above), 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 (except for bees kept with a valid permit issued
under section 6-3.3 above).
(4) Snakes not indigenous to Wisconsin or any snake exceeding three feet in
length.
This section shall not be construed to apply to zoological parks, circuses or like
entertainment organization or to an educational or medical institution.
SECTION 6-6.5 FEEDING OF DEER PROHIBITED
(A) It shall be unlawful for any person to place any feed including but not limited to salt, minerals,
grain, corn, fruit, vegetable material or any other type of feed on the ground or in feeders, mangers
or any other type of structure or receptacle for the purpose of feeding deer or enticing deer onto
anyone’s property in the City except as provided in subsection (C) of this section.
(B) There shall be a rebuttable presumption that either of the following acts are for the purpose of
feeding whitetail deer:
1. The placement of salt, minerals, grain, corn, fruit, vegetable material or other type of feed in an
aggregate quantity of greater than one-half gallon at a height of less than six feet off the ground.
2. The placement of salt, minerals, grain, corn, fruit, vegetable material or any other type of feed in
any aggregate quantity in a drop feeder, automatic feeder or similar device regardless of the
height of the feeder or device.
(C) This section shall not apply to the following situations:
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.
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2. Unmodified commercially purchased bird feeders or their equivalent.
3. Deer feeding may be authorized on a temporary basis by the common council for deer
management practices authorized by the City.
SECTION 6-7 CRUELTY TO ANIMALS
(A) Every owner or person responsible shall provide animals with a sufficient supply of
good/wholesome food and potable water to maintain health.
(B) No person shall confine and/or allow animals to remain outside during adverse weather
conditions constituting a health hazard to such animal.
(1) Sufficient shade by natural or artificial source shall be provided to protect the
animal from direct sunlight.
(2) Natural or artificial shelter appropriate to the local climatic conditions shall be
provided as necessary.
(C) Every owner and/or person in charge or control of any animal which is kept outdoors,
or in an unheated enclosure, shall provide such animal with shelter and bedding as
prescribed in this Section as a minimum.
(1) The housing facilities shall be structurally sound, moisture proof, and
maintained in good repair.
(2) Enclosures shall be constructed and maintained to provide sufficient space to
allow each animal adequate freedom of movement and the retention of body
heat.
(3) A solid floor raised at least 2" off the ground (exception for chickens).
(4) An entrance covered by a self-closing, swinging covering, or an L-shaped
entrance to prevent the wind from blowing directly into the house (exception for
chickens).
(5) A sufficient quantity of suitable clean bedding material, to provide insulation and
protection against the cold and dampness and promote the retention of body
heat.
(6) During the months of May through September, inclusive, paragraphs 4 and 5
above may be suspended (exception for chickens).
(D) Every owner that houses or confines an animal in a pen or enclosure shall keep and
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maintain such pen or enclosure in a clean, sanitary and odor free condition.
(E) No person may abandon or neglect any animal.
(F) No person shall kick, beat, cruelly ill treat, torment, overload, overwork, or otherwise
abuse any animal.
(G) No person may cause or allow an animal to be placed or confined in a motor vehicle
under such conditions or for such a period of time, without adequate ventilation, as to
endanger the health or well being of such animal due to temperature, humidity, lack of
food or drink, or such other conditions as may be reasonably expected to cause
suffering, disability or death.
(H) No person may intentionally instigate, promote, aid or abet as a principal, agent or
employee, or participate in the earnings from, or intentionally maintain or allow any
place to be used for a cockfight, dog fight, bullfight or other fight between the same or
different kinds of animals or between an animal and a person (951.08)
(I) 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)
(J) 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 Wis. Stats. adopted herein. Impoundment of animals under this section
shall be as prescribed in section 6-18 of this municipal code.
(K) The slaughter of chickens is prohibited.
(L) 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.
SECTION 6-8 LIMIT NUMBER OF ANIMALS
(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 a residential district due to various noises, odors, and health safety issues which
constitute a public nuisance.
(B) Limitation. No person(s) within the City may own, harbor, or keep in their possession
at a single time upon or within a single parcel, dwelling unit or other distinct zoning
compliant unit of lease or ownership such as a condominium or unit within a multi-unit
parcel, more than 3 dogs, 5 cats, or a combination of the two, that does not exceed a
total number of five (5) animals thereof, over the age of five (5) months in age. The
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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.
(C) Reserved
(D) Exemptions:
(1) Any person operating an approved zoning compliant Commercial veterinary
clinic or Animal Boarding/Daycare facility as defined in Chapter 30 of the
Municipal Code may own, or keep in their possession more than 5 dogs, cats, or
a combination thereof, over the age of five (5) months in compliance with any
County or State License.
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) Wis. Stats.
shall be prohibited, except for live traps.
SECTION 6-11 REPEALED
SECTION 6-12 RESERVED (Formerly ANIMAL NOISE – Repealed 2/23/21)
ARTICLE IV. ANIMAL SHELTER / IMPOUNDMENT OF ANIMALS
SECTION 6-13 STATE STATUTES ADOPTED
The rules and regulations pertaining to impoundment, specifically Sections 173.13 and 173.23, 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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The rules and regulations pertaining to impoundment 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 or, if a veterinarian is
physically present at the location the vaccine is administered, by a veterinary technician, pursuant
to section 453.05 (2) (d) of the Wisconsin Statutes 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 year vaccine or at not more than 12 month intervals with a one 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) Reserved. (Repealed 05/07/12)
(C) Reserved. (Repealed 05/07/12)
(D) Reserved. (Repealed 05/07/12)
(E) Reserved. (Repealed 05/07/12)
(F) Reserved. (Repealed 05/07/12)
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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 animal
shall do so only after first having obtained a vicious animal license from the Oshkosh Police
Department 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) which fee 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) Current vaccination for rabies.
(b) Current license where the vicious animal is a dog or cat.
(c) 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 eight and one-half (8 ½) inches by eleven (11)
inches, made of metal, plastic, or laminated cardstock, florescent yellow in color,
bearing the wording "WARNING VICIOUS ANIMAL" in English print and also
bearing the license number of each vicious animal, 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
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the animal within, which fence shall be inspected and approved by the Police
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 before a Hearing Officer who shall be appointed by the City Manager. Any person or
party aggrieved by such decision of the Hearing Officer 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 Hearing Officer. 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.
(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 Oshkosh Police Department 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 Oshkosh Police Department 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 Oshkosh Police Department verification of the
death of the animal.
SECTION 6-17 ANIMAL RUNNING AT LARGE PROHIBITED
No person shall permit any animal to run at large in the City at any time. Each owner of any such animal is
required to confine it within the limits of his or her premises except when it is attended to by some person,
and in such cases animals shall be fastened securely to a suitable leash not more than six (6) feet in length.
For purposes of this section, the phrase "running at large" embraces all places within the City except the
owner's premises, and includes all streets, alleys, sidewalks, or other public or private property.
(A) Unrestrained animals, including dogs and cats, may be taken by a law enforcement officer,
community service officer, or personnel from the Oshkosh Animal Shelter and impounded in the
Oshkosh animal shelter and there confined in a humane manner.
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SECTION 6-18 IMPOUNDMENT
The rules and regulations pertaining to impoundment, specifically sections 173.13, 173.17, 173.19, 173.21,
173.22, 173.23, 173.24, and 173.25, Wisconsin Statutes, together with any future additions, deletions or
supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same
force and effect as though set forth in full herein. Providing, however, that where such rules and
regulations are less stringent than other provisions found in this Code, the provisions of this Code shall
apply.
ARTICLE V. PET STORES/ COMMERCIAL ANIMAL BOARDING/DAYCARE
SECTION 6-19 SALE OF PROHIBITED ANIMALS
A) No person or firm shall offer for sale or barter, sell or give away those animals, fowl, and insects not
permitted within the City under Section 6- 6 except in conformance with these provisions:
1) A sign prescribed by the Oshkosh Police Department informing persons of the provisions of
Section 6- 6 of this code shall be posted up and at all times displayed in a conspicuous place near
the main entrance to the store/ structure and near each area where animals, fowl or insects
prohibited under Section 6- 6 are displayed, so that all persons visiting such place may readily
see the same.
2) It shall be unlawful for any person to knowingly to deface or destroy such sign or to remove it
without the consent of the property owner and the Oshkosh Police Department.
ARTICLE VI. PENALTIES
SECTION 6-20 PENALTIES
Any person convicted of a violation of any of the provisions of the following Sections of this Chapter shall
for each offense be punished by the forfeitures as set forth, together with the costs of prosecution and in
default of payment of such forfeitures and costs, by license suspension or imprisonment in the County Jail
for Winnebago County for the terms hereinafter stated; except that if a different penalty is enumerated by
the Wisconsin Statutes, as adopted by this Chapter, then the enumerated penalty including alternative
penalty for default of payment shall be imposed.
(A) General Penalty. Any person who violates any provision of this Chapter for which a specific
penalty is not provided below shall be fined not less than Seventy-five Dollars ($75.00) nor more
than One Thousand Dollars ($1000.00).
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(B) A forfeiture of not less than One Hundred Twenty-five Dollars ($125.00) nor more than Five
Hundred Dollars ($500.00) for a violation of any of the following:
Sections 6-5, 6-7, 6-14(A), 6-15(A), 6-16(A)(1), 6-16(A)(6)
(C) A forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars
($500.00), excepting that for a second and subsequent violations within a twelve-month period a
forfeiture of not less than One Hundred Twenty-five Dollars ($125.00) for a violation of any of the
following:
Section 6-10
(D) A forfeiture of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for
violation of the following:
Section 6-9, 6-11
(E) A forfeiture of not less than One Hundred Seventy-five Dollars ($175.00) nor more than Five
Hundred Dollars ($500.00) for a violation of any of the following:
Section 6-16(A)(3), 6-16(A)(4)
(F) In addition to the penalties herein provided, any license or permit issued under this Chapter held
by a person convicted of violating the provisions of this Chapter shall be subject to revocation by a
Court of record. Further, any license or permit issued under this Chapter held by a person
convicted of violating the provisions of this Chapter shall be subject to suspension or revocation by
the Oshkosh Common Council.
SECTION 6-21 PENALTIES - JUVENILE
Any person age 16 and under who is convicted of a violation of any of the provisions of the following
Sections of this Chapter shall for each offense be punished by the forfeitures as set forth, together with the
costs of prosecution and in default of payment of such forfeitures and costs, by license suspension or
imprisonment in the County Jail for Winnebago County for the terms hereinafter stated; except that if a
different penalty is enumerated by the Wisconsin Statutes, as adopted by this Chapter, then the
enumerated penalty including alternative penalty for default of payment shall be imposed.
(A) General Penalty - Juveniles. Any person age 16 and under who violates any provision of this
Chapter for which a specific penalty is not provided below shall be subject to a forfeiture in the
amount of Fifty Dollars ($50.00).
(B) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
City of Oshkosh Municipal Codes
Revised 04/09/24
City of Oshkosh Chapter 6 – Page 28 Municipal Codes
($500.00) for a violation of any of the following:
Sections 6-5, 6-7, 6-14(A), 6-15(A), 6-16(A)(1) and (6)
(C) A forfeiture of not less than Twenty-five ($25.00) nor more than Five Hundred Dollars ($500.00) for
violation of the following:
Section 6-9, 6-11
(D) A forfeiture of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00),
excepting that for a second and subsequent violation within a twelve month period a forfeiture of
not less than One Hundred Dollars ($100.00) for a violation of any of the following:
Section 6-10
(E) A forfeiture of not less than One Hundred Fifty Dollars ($150.00) nor more than Five Hundred
Dollars ($500.00) for violation of any of the following:
Sections 6-16(A)(3), 6-16(A)(4)
(F) In addition to the penalties herein provided, any license or permit issued under this Chapter held
by a person convicted of violating the provisions of this Chapter shall be subject to revocation by a
Court of record. Further, any license or permit issued under this Chapter held by a person
convicted of violating the provisions of this Chapter shall be subject to suspension or revocation by
the Oshkosh Common Council.