The provisions of Wis. Stat. ch. 951 regarding crimes against animals, excluding penalties for violation, are adopted by reference in this section as if fully set forth. The provisions of Wis. Stat. ch. 173 and § 95.21, excluding penalties for violation, are adopted by reference in this section as if fully set forth.

(Code 1975, §§ 7-6—7-8; Code 1997, § 18-1(a); Ord. No. 26-06-07, § 1, 9-5-2006)

1. The licensing, hearings, and public safety committee of the common council is hereby designated and authorized, pursuant to Wis. Stats. § 173.03(2), to affirm, modify, or withdraw abatement orders issued under Wis. Stats. § 173.11, by any humane officer or law enforcement officer.
2. Any person named in an abatement order may appeal such order to the licensing, hearings, and public safety committee within ten days of service of the order. The notice of appeal shall be served upon the city clerk and must state the grounds for the appeal with specificity. The licensing, hearings, and public safety committee shall schedule a hearing to be held within ten days of the receipt of the notice of appeal, unless the appellant agrees to a later date. The licensing, hearings, and public safety committee shall make reasonable efforts to notify the appellant, the officer issuing the abatement order, and any other interested party of the hearing and the opportunity to present evidence and testimony at the hearing. The hearing shall be informal in nature. Within ten days after the hearing, the licensing, hearings, and public safety committee shall determine whether to affirm, modify and affirm, or withdraw the abatement order and shall issue their decision in writing and serve it upon the appellant and other interested parties.
3. Any person adversely affected by a decision under subsection (b) of this section may seek judicial review by commencing an action in circuit court within 30 days after the date of the decision.

(Code 1975, §§ 7-6—7-8; Code 1997, § 18-1(b); Ord. No. 26-06-07, § 1, 9-5-2006)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any mammal, bird, reptile, amphibian. mollusk, or arthropod, or any egg of any bird, reptile, amphibian, mollusk, or arthropod.

Cat means any feline animal, male or female, sexed or neutered.

Dog means any canine animal, male or female, sexed or neutered.

Domestic animal means an animal that is listed as a domestic animal by rule of the department of agriculture, trade and consumer protection.

Humane officer means an officer appointed by the City of Sheboygan Common Council pursuant to Wis. Stat. ch. 173 and § 173.03.

Kennel means any establishment where dogs are kept for the purpose of breeding, sale or sporting purposes.

Owner means any person keeping, harboring, or having charge or control of, or permitting any dog or cat to habitually be or remain on, or be lodged or fed within, such person's house, yard or premises. The term "owner" shall not apply to veterinarians or kennel operators who temporarily maintain on their premises dogs or cats owned by others.

Pet shop means any business establishment where domesticated mammals, birds or reptiles are kept for sale; provided, however, that the term "pet shop" shall not include the term "kennel."

Police dog means any dog owned by a municipal entity and used by the city police department or the county sheriff's department for police functions while involved in police work.

Possess means to own, possess, keep, harbor, or have custody or control of an animal.

Vaccination against rabies means the inoculation of a dog or cat with a rabies vaccine licensed by the federal department of agriculture. Such vaccination must be performed by a veterinarian, duly licensed to practice veterinary medicine in the state.

Wild animal means any animal of a wild nature that is normally found in the wild and that is not a "domestic animal."

(Code 1975, § 7-1; Code 1997, § 18-2)

A violation of any of the following provisions of this chapter, and any person interfering with the enforcement of the provisions of this chapter, shall subject the violator to the forfeitures as set forth in this section, together with the costs of prosecution, and in default of payment of such forfeitures and costs, to imprisonment in the county jail until the forfeitures and costs are paid, but not in excess of the terms stated:

1. A forfeiture of not less than $25.00, nor more than $100.00, and in default of payment thereof, imprisonment for not exceeding 20 days, for a violation of any section of this chapter, unless a different penalty is imposed by this section.
2. A forfeiture of not less than $250.00, nor more than $500.00, and in default thereof, imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 60 days, for a violation of section 8-3.
3. A forfeiture of not less than $50.00, nor more than $100.00, together with the costs of prosecution, and in default of payment thereof, imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 30 days, for a violation of sections 8-7 and 8-12.
4. A forfeiture of not less than $100.00, nor more than $250.00 for a violation of section 8-5, except as follows:
   1. Where a defendant has one prior conviction within a five-year period for a violation of section 8-5 the forfeiture shall be no less than $250.00 nor more than $500.00.
   2. Where a defendant has two or more prior convictions within a five-year period for a violation of section 8-5 the forfeiture shall be no less than $500.00 nor more than $2,500.00.
5. A forfeiture of not less than $250.00, nor more than $1,000.00 for a violation of section 8-74.
6. A forfeiture of not less than $100.00, nor more than $500.00 for a violation of section 8-75, 8-76, 8-81, or 8-82.

(Code 1997, § 18-3; Ord. No. 124-95-96, § 1, 6-3-1996; Ord. No. 101-05-06, § 10, 3-20-2006; Ord. No. 46-10-11, § 2, 12-20-2010)

Animals shall not be allowed to run at large within the city limits. An animal is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.

(Code 1975, § 7-3; Code 1997, § 18-4)

State law reference—Similar provisions, Wis. Stat. § 172.01.

A person may intentionally kill an animal if a person is threatened with serious bodily harm by the animal and other restraining actions were tried and failed or immediate action is necessary. A humane or law enforcement officer may intentionally kill an animal pursuant to court order, if the officer has reasonable grounds to believe the animal is hopelessly injured beyond a reasonable chance of recovery, or if the animal poses an imminent threat to public health or safety or to the health or safety of itself or its custodian.

(Code 1975, § 7-4; Code 1997, § 18-5)

No person, except police officers in the line of duty, shall injure or destroy any bird in the city.

(Code 1975, § 7-5; Code 1997, § 18-6)

No person may sell, raffle, give away as a prize or premium, or use as an advertising device or display any live animal that has been dyed or otherwise colored artificially.

(Code 1975, § 7-9; Code 1997, § 18-7)

1. No person shall keep or feed any swine or cattle on any premises within the city.
2. Notwithstanding subsection (a) of this section, it shall be lawful to keep as a pet, a miniature potbellied pig; provided, however, that no more than two such pigs may be kept on any premises within the city.
3. Miniature potbellied pigs may be kept according to the following requirements:
   1. The owner of a miniature potbellied pig that is kept in the city, which pig is more than five months of age as of January 1 of any year, or five months of age within the license year, shall annually, or on/or before the date the pig becomes five months of age, pay the miniature potbellied pig license tax and obtain a license.
   2. The minimum miniature potbellied pig license tax is $3.25 for a neutered male pig or spayed female pig, upon presentation of evidence that the pig is neutered or spayed, and $8.25 for an unneutered male or unspayed female pig, or one-half of these amounts if the pig becomes five months of age after July 1 of the license year.
   3. The license year commences on January 1 and ends on the following December 31.
   4. The collecting official shall assess and collect a late fee of $5.00 from every owner of a miniature potbellied pig five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable miniature potbellied pig, or if the owner failed to obtain a license on/or before the miniature potbellied pig reached licensable age. All late fees received or collected shall be paid into the city treasury as city revenue.

(Code 1975, §§ 7-10, 7-30(3); Code 1997, § 18-8)

Any person owning or having control of any animal shall clean up the feces of such animal immediately and dispose of it in a sanitary manner. No animal feces shall be permitted to remain exposed upon any private or public property.

(Code 1975, § 7-11; Code 1997, § 18-9)

Pets kept within a private premises or dwelling shall be so maintained as not to cause a rubbish problem, a potential rodent problem or an offensive odor problem.

(Code 1975, § 7-12; Code 1997, § 18-10)

It shall be unlawful for the owner of any domesticated animal, other than a dog or cat, to keep or maintain such domesticated animal within the city unless it shall have been vaccinated by a licensed veterinarian with an antirabies vaccine within one year preceding the date on which such domesticated animal is kept or maintained.

(Code 1975, § 7-13; Code 1997, § 18-11)

It shall be unlawful for any person to maintain or keep a domesticated animal, other than a dog or cat, on any premises within the city unless the domesticated animal wears a collar or harness securely attached to its body to which shall be securely attached a tag issued for the domesticated animal by a licensed veterinarian, licensed to practice veterinary medicine in the state, showing that the domesticated animal has been, within the current calendar year, vaccinated against rabies.

(Code 1975, § 7-14; Code 1997, § 18-12)

1. Feeding of deer prohibited. It shall be unlawful for any person to place any feed such as salt, minerals, grain, fruit, vegetable material, sunflower seeds, deer suckers, or any other type of feed, on any public or private property for the purpose of enticing whitetail deer into any specific location in the city except as otherwise provided herein.
2. Rebuttable presumptions. 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, fruit, vegetable material, sunflower seeds, or deer suckers in an aggregate quantity of greater than one-half gallon at the height of less than six feet off the ground.
   2. The placement of salt, minerals, grain, fruit, vegetable material, sunflower seeds, or deer suckers in an aggregate quantity of greater than one-half gallon in a drop feeder, automatic feeder or similar device regardless of the height of the salt, minerals, grain, fruit, vegetable material, sunflower seeds, or deer suckers.
3. Exemptions. This section shall not apply to:
   1. Naturally growing grain, fruit or vegetable material, including gardens and residue from lawns, or gardens and other vegetable materials maintained as a mulch or compost pile;
   2. Unmodified commercially purchased bird feeders or their equivalent;
   3. Deer management practices approved, authorized, and sponsored on a temporary basis by the common council.

(Code 1997, § 18-13)

1. No person shall keep any ducks, geese, pigeons, chickens, birds, or other fowl within the city in any unsanitary condition or within such proximity of dwelling houses or in any manner so as to be a nuisance.
2. No person shall possess a wild animal or provide shelter, food, or water to wild animals.
   1. Exceptions. The provisions of this subsection shall not be deemed to prevent the lawful importation, possession, purchase, or sale of any species by a public agency, institute of higher learning, persons holding federal or state permits, persons authorized by state or federal law to temporarily possess a wild animal, or to any person or organization licensed to present a circus. Nor shall the provisions of this subsection be deemed to prohibit feeding wild birds via bird-feeding devices and structures at a sufficient height or design to prevent access by deer. Nor shall the provisions of this subsection be deemed to prohibit feeding wild birds via bird-feeding devices and structures at a sufficient height or design to prevent access by deer. Nor shall the provisions of this subsection be deemed to prohibit feeding wild birds via bird-feeding devices and structures at a sufficient height or design to prevent access by deer.
3. The building inspector or their designee may, upon complaint or on its own initiative, inspect premises upon which fowl are kept and ascertain whether the conditions are unsanitary or if, for any reason, a nuisance is caused thereby. If the inspector determines that conditions are unsanitary, or if, for any reason, a nuisance exists, it shall order the owner or occupant of the premises to abate the nuisance and it shall thereupon be unlawful to keep such fowl on the premises. If consent to inspection is denied, such officer may seek court approval to inspect.
4. The building inspector, humane or law enforcement officer, or their designee may, upon reasonable belief that a violation of this Code exists, inspect such premises where a wild animal is kept. If consent to inspection is denied, such officer may seek court approval to inspect. 
   

(Code 1997, § 18-14; Ord. No. 13-99-00, § 1, 8-2-1999)

1. Pets are prohibited in all city parks, beaches or other public grounds, except in areas designated by the common council and posted by the superintendent of parks as either off-leash or on-leash areas, or in areas designated by the common council for the training or showing of pets.
2. Designated off-leash areas. Unleashed pets shall be allowed at the following locations, provided that they are at all times under immediate control, such as by voice command of the owner or other person physically capable of restraining the pet:
   1. Lakeview Park Beach area delineated by the superintendent of parks with signage;
   2. City-owned property east of Lakeshore Road (County LS) north of the Pigeon River, within the Pigeon River Environmental Corridor;
   3. City-owned property on the northwest corner of the intersection of Center Avenue and North 9th Street;
   4. The Sheboygan Dog Run Park located at 4108 South 18th Street.
   5. The beach area north of North Point Overlook between the Sheboygan Water Utility facility and the Wisconsin Maritime Historical Marker.
      
3. On-leash areas.
   1. Pets shall be allowed at the following locations: provided they are restrained by a substantial leash or chain not exceeding eight feet in length, or a retractable leash not exceeding 15 feet in length in the hands of a person directly controlling the movement of the animal. Pets are not allowed within 20 feet of playground and splash pad areas or in park shelters and buildings:
      
      1. Lakeview Park;
      2. North Point Park, north of the northernmost jetty;
      3. North Point overlook pedestrian path;
      4. The city’s urban recreational trails;
         
      5. City-owned Green Wing Drive retention ponds;
      6. The city-owned green space area adjacent to Fisherman’s Creek on the south side of Camelot Boulevard between 1211 and 1411 Camelot Boulevard;
         
      7. Area 8 of Kiwanis Park unless off-leash signage applies;
      8. Evergreen Park;
      9. Jaycee Park excluding the Quarry Beach area;
         
      10. Jaycee Park to Mill Road along the Pigeon River Corridor;
          
      11. Moose Park unless off-leash signage applies;
          
      12. Cleveland Park unless off-leash signage applies;
          
      13. Any City-owned property when requested as part of a special event. Requests shall be submitted with the special events application and approval may be given by the director of public works in his or her discretion. A copy of the written approval shall be maintained by the event organizer throughout the event when a pet is onsite and shall be presented to law enforcement upon request. Law enforcement may revoke permission if the pets create a disturbance.
4. Any person owning or having charge, custody, care or control of a pet who shall permit the pet to be present in any of the prohibited areas or in any of the designated areas in violation of the provisions of this section shall be subject to penalty as provided in section 8-4.
5. Any person owning or having charge, custody, care or control of a pet in a designated off-leash or on-leash area who fails to clean up the pet's feces shall be subject to a forfeiture of $125.00, together with the costs of prosecution, and in default of payment thereof, imprisonment in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.
6. The superintendent of parks shall post areas designated as off-leash and on-leash areas where pets are allowed, shall post the forfeiture amount for violations for subsection (e) above, and shall supply waste receptacles for the public’s use in complying with the requirements of subsection (e) above.
   
7. This section shall not apply to police dogs.
   

(Code 1997, § 18-15; Ord. No. 78-01-02, § 2, 2-4-2002; Ord. No. 35-03-04, § 1, 10-20-2003; Ord. No. 100-05-06, § 1, 5-15-2006; Ord. No. 77-06-07, § 1, 2-19-2007)

No person shall encourage the congregating of seagulls by feeding or any other means. No person may place, deposit, or allow the placement of any material to feed or attract wild animals except as authorized by state law.

(Code 1997, § 18-16; Ord. No. 15-05-06, § 1, 7-18-2005)

1. In this section, the term "domestic animal" includes all animals encompassed under the definitions provided in Wis. Stat. §§ 95.001(ad) and 169.01(7).
2. No person may keep, harbor, shelter or possess more than three domestic animals including fowl over the age of five months unless the person holds a valid animal fancier permit. There shall be no more than one animal fancier permit issued per dwelling unit.
3. The keeping of more than three domestic animals including fowl over the age of five months without an animal fanciers permit is declared to be a nuisance as defined in section 36-1.
4. This permit shall be included at no cost with pet licenses issued pursuant to sections 8-9(c) and 8-42. If a person has no pet license because the person owns only animals not requiring licenses, an animal fancier permit shall be issued upon the payment of $3.00 on an annual basis. The permit year commences on January 1 and ends on the following December 31. The collecting official shall assess and collect a late fee of $5.00 from every animal fancier applicant if the applicant fails to obtain a permit prior to April 1 of each year, or within 30 days of falling under the requirements of this section. All late fees received or collected shall be paid into the city treasury as city revenue.
5. Whenever a humane officer, the director of planning and development or their designee requests an inspection of the interior and exterior premises of a person holding an animal fancier permit or of an applicant for an animal fancier permit, the animal fancier or applicant shall schedule such an inspection and allow the inspection to be completed no later than ten days after the date of the request. A request for a department inspection under this subsection may be made by any of the following means:
   1. A written request left at the residence or place of occupation of the applicant or permit holder.
   2. A written request delivered to a competent adult occupant of the applicant's or permit holder's residence.
   3. A written request addressed to the applicant or permit holder at the applicant's residence and mailed by first class, prepaid mail.
6. Upon the denial of consent to inspect, a humane officer, the director of planning and development, or their designee may apply for an administrative warrant to inspect the premises. A person who fails to comply with an inspection request as required by this subsection may have their permit revoked and may be ineligible for an animal fanciers permit for a period of one year.
7. No person who has a criminal conviction for a violation under Wis. Stat. ch. 951 or who has multiple non-criminal convictions for violations under Wis. Stat. ch. 951 or this chapter shall be issued an animal fancier's permit unless the common council or the committee thereof designated for such purposes, upon the request of the person wishing to hold the permit, determines that the issuance of such a permit is in the best interest of the community, that the person wishing to hold the permit is unlikely to re-offend, and that the animals will be properly taken care of. Conditions may be attached to the issuance of a permit in such a situation at the complete discretion of the common council or committee.
8. A person holding an animal fancier permit who does not conform to the following requirements shall have their permit revoked and shall be ineligible for an animal fanciers permit for a period of one year. A person who is found not to conform to the requirements below on two or more occasions within a period of five years shall be permanently ineligible for an animal fanciers permit.
   1. All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.
   2. The quarters in which the animals are kept shall be maintained in a clean condition and in a good state of repair.
   3. Animal pens or enclosures shall be large enough to provide freedom of movement to the animals contained therein and shall be constructed of nonporous and noncorrosive materials.
   4. Dogs shall be kept in separate enclosures from cats. Dogs and cats over the age of five months shall be housed in separate enclosures with no more than three dogs or three cats contained within the same enclosure.
   5. Food supplies shall be stored in rodent-proof containers and food and water containers shall be kept clean.
   6. Litter or bedding material shall be changed as often as necessary to prevent an odor nuisance.
   7. Feces shall be removed from yards, pens and enclosures at least daily and stored in tightly covered, secure containers until final disposal.
   8. Yards, pens, premises and animals shall be kept free of pest infestations.
   9. No odor nuisance shall be permitted. Any animal holding area containing animals shall be provided with fresh air by means of windows, doors, vents, exhaust fans or air conditioning so as to minimize drafts, odors and moisture condensation.
   10. All animals shall have protection from the elements, whether indoors or outdoors.
9. The requirement to hold an animal fancier's permit applies to persons operating a commercial animal boarding facility pursuant to section 105-718(j) and persons operating pet shops, as they are defined in article I of this chapter.

(Code 1997, § 18-57; Ord. No. 10-03-04, § 1, 7-7-2003; Ord. No. 16-03-04, § 1, 7-21-2003)