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HomeMy WebLinkAboutChapter 06 - Animals City of Oshkosh Municipal Codes Revised 7/15/21 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FEEDING OF DEER PROHIBITED 6-7 CRUELTY TO ANIMALS 6-8 LIMIT NUMBER OF ANIMALS 6-9 PET LITTERING 6-10 ANIMAL TRAPS 6-11 REPEALED 6-12 RESERVED ARTICLE IV.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 KENNELS 6-19 SALE OF PROHIBITED ANIMALS City of Oshkosh Chapter 6—Page 1 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 ARTICLE VI. PENALTIES 6-20 PENALTIES 6-21 PENALTIES-JUVENILE City of Oshkosh Chapter 6—Page 2 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 (Repealed 7/1/12) (6) Reserved. (Repealed 7/1/12) (7) Impound or Isolation Facility shall mean the Oshkosh Animal Shelter,a veterinary hospital, or other place specified by the supervising officer who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 (Repealed 7/1/12) (10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian stating the brand of vaccine used, manufacturer's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. City of Oshkosh Chapter 6—Page 3 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 residing in the City who owns,harbors, or keeps a dog or cat which is more than five (5)months of age as of January 1 of each year,shall annually obtain a license therefor. The license year shall commence on January 1 and licenses shall expire on December 31 of that year. (B) When a dog or cat becomes five(5)months of age,the owner shall obtain a license within thirty(30) days thereof. (C) Each owner obtaining a license for operating a kennel shall be excluded from this licensing procedure, but shall be required to obtain a kennel license. City of Oshkosh Chapter 6—Page 4 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 apermittokeep 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 owner. Tenants seeking to raise chickens also submit a written agreement between the landlord/property owner and applicant, as to the plans for City of Oshkosh Chapter 6—Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 donot attachtoor 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,orhard 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 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. City of Oshkosh Chapter 6—Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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. (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. City of Oshkosh Chapter 6—Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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. 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 City of Oshkosh Chapter 6—Page 8 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 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 City of Oshkosh Chapter 6—Page 9 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 calendar year beginning onjanuary 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 beissued 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 donot attachtoor 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: (1) Lot size of�/2 acre or smaller:maximum two (2)hives allowed. (11) Lot size larger thane/2 acre but smaller than one acre: maximum four (4) hives allowed. (111) 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. City of Oshkosh Chapter 6—Page 10 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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"flywaybarrier,"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 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. City of Oshkosh Chapter 6—Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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. 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 City of Oshkosh Chapter 6—Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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 theirproperty. (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,contactnumber, 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 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 donot attach toor 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 City of Oshkosh Chapter 6—Page 13 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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. (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 City of Oshkosh Chapter 6—Page 14 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 shallbe 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 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 tobird 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 Denv 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 City of Oshkosh Chapter 6—Page 15 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 Duckkeeping 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. 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. City of Oshkosh Chapter 6—Page 16 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 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 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 City of Oshkosh Chapter 6—Page 17 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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,nor shall any person permit such activities to occur on premises owned, controlled, rented or maintained by that person, except as provided in Section 6-19 (1): (1) Any fowl or poultry(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. City of Oshkosh Chapter 6—Page 18 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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. 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. City of Oshkosh Chapter 6—Page 19 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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 maybe suspended (exception for chickens). (D) Every owner that houses or confines an animal in a pen or enclosure shall keep and maintain such pen or enclosure in a clean, sanitary and odor free condition. (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. City of Oshkosh Chapter 6—Page 20 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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 the entire residential district due to various noise, odor,health and safety problems which constitute a public nuisance. (B) Limitation. No person may own,harbor or keep in their possession,within the City,more than 3 dogs,5 cats or combination not to exceed a total number of five(5)animals thereof, over the age of five(5)months,except when they possess a Kennel License which is in full force and effect. The exception being a litter of pups/and or kittens or a portion of a litter, may be kept for a period of time not exceeding five (5) months from birth. (C) Reserved (D) Exemptions: (1) Any person owning,harboring or keeping in their possession within the City,on March 2, 1996,more than 5 dogs,cats or combination thereof,over the age of five(5) months, shall be permitted to own, harbor or keep in their possession said dogs and/or cats provided that: (a) Required license fees for each dog and/or cat have been paid, the licenses are continually maintained in full force and effect, and proof thereof is furnished to City personnel empowered to enforce this ordinance upon request. (b) Required and effective rabies immunization for each dog and/or cat has been procured, and effective level of rabies immunization continuously maintained, and proof thereof furnished to City personnel empowered to enforce this ordinance upon request. (c) However this exemption shall not authorize the replacement of any dog and/or cat until the specified limitation within this ordinance is complied with. The burden of proving entitlement to this exemption is upon the party seeking the exemption. (2) This section shall not apply to properly licensed facilities under Article V of this City of Oshkosh Chapter 6—Page 21 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 chapter,the Oshkosh Animal Shelter, or veterinary hospitals. SECTION 6-9 PET LITTERING No owner shall allow their animal to soil, defile, defecate on, or commit any nuisance on any private or public property unless the owner immediately removes and disposes of all feces so deposited in a proper receptacle located upon the owner's property or upon another's property with permission in accordance with the provisions of Chapter 23 of this Municipal Code. SECTION 6-10 ANIMAL TRAPS Any unlicensed trap, snare, spring gun, set gun, net, or other device or contrivance which might entrap, ensnare, or kill game, or any trap without a metal tag attached as required by Section 29.03(5) 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. 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. City of Oshkosh Chapter 6—Page 22 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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) 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 City of Oshkosh Chapter 6—Page 23 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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 1/2) 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 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. City of Oshkosh Chapter 6—Page 24 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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. 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 STOREYCOMMERCIAL KENNELS SECTION 6-19 SALE OF PROHIBITED ANIMALS (1) No person or firm shall offer for sale or barter, sell or give away those animals, fowl, and City of Oshkosh Chapter 6—Page 25 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 insects not permitted within the City under Section 6-6 except in conformance with these provisions: (a) 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). (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 City of Oshkosh Chapter 6—Page 26 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 (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 ($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: City of Oshkosh Chapter 6—Page 27 Municipal Codes City of Oshkosh Municipal Codes Revised 7/15/21 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. City of Oshkosh Chapter 6—Page 28 Municipal Codes