105 - Animal Treatment Ordinance - Berlin

Ordinance #105
Ordinance Regulating Humane and Proper Treatment of Animals - City of Berlin

The Common Council of the City of Berlin do ordain as follows:

Whereas, the humane and proper treatment of animals is of concern to this Common Council and the citizens of Berlin; and

Whereas, it has come to the attention of this Common Council that the number of cases involving lack of adequate care in the keeping of animals in the City of Berlin has increased and/or there has become a heightened awareness within the citizenry of such cases; and

Whereas, it is also the belief of this Common Council that the current City of Berlin ordinances regulating the keeping of animals in the City of Berlin are somewhat vague and somewhat difficult to interpret for purposes of enforcement; and

Whereas, it is the Common Council's intention to amend said ordinances for the purpose of clarifying restrictions on keeping of animals and making it easier to interpret and enforce the ordinances.

Now therefore, the Common Council of the City of Berlin do ordain as follows:

The State Law Reference in Section 7-1-14 is hereby amended as follows:

State Law Reference :Sec. 94 9.11 95 1.11, Wis. Stats.

Section 7-1-15 is hereby amended as follows:


(a) No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this Section.

(b) The food shall be sufficient to maintain all animals in good health.

(c) Potable water shall be available at all times for all animals. When a dog is confined outdoors. during winter months. fresh water must be given in sufficient quantity and monitored periodically during each twenty-four (24) hour period to prevent the water from freezing,

State Law Reference: Sec. 949.13 951.13, Wis. Stats.

Section 7-1-16 is hereby amended as follows:


(a) Proper Shelter. No person owning or responsible for confining or impounding any animal may fail to provide, the animal with proper shelter as prescribed in this Section. In the case of farm animals, nothing in this Section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

(b) Indoor Standards. Minimum indoor standards of shelter shall include:

(1) Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

(2) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

(c) Outdoor Standards. Minimum outdoor standards of shelter shall include:

(1) Shelter from sunlight. For all animals tied or confined unattended outdoors during months of April through October. sufficient shade by natural or artificial means shall be provided to protect animals from direct sunlight.

(2) Shelter from inclement weather.

a. Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

b. Dogs. If a dog is tied or confined unattended outdoors or in an unheated enclosure, a shelter of suitable size to accommodate the dog shall be provided. The minimum specifications for such shelter shall be as follows-,

1. The shelter must be a moisture proof, weather tight doghouse maintained in good repair:

2. The shelter must be constructed and maintained so as to provide sufficient space to 1) allow the dog to turn around freely-, 2) allow the dog to easily sit, stand and lie in a normal position. 3) keep the dog clean. dry and comfortable: 4) maintain the dog's body heat;

3. The shelter must be made of durable materials including, but not limited to, wood or molded plastic;

4. The shelter must have an entrance covered by a self closing swinging door or covering, or an "L" shaped entrance to prevent the wind and elements from blowing directly into the house:

5. The shelter must have clean bedding to provide insulation and protection against cold and dampness and promote the retention of body heat. Acceptable bedding shall include, but not be limited to, blankets, hay, straw, or cedar shavings;

6. The shelter must have suitable drainage, which rapidly eliminates excess water.

(d) Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

(1) Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

(2) Space requirement . Enclosures shall be construed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

(e) Sanitation Standards. All pens. yards, structures or areas where animals are kept shall be maintained in a nuisance-free manner. Droppings and manure shall be removed regularly and disposed of properly so not to attract insects or rodents. become unsightly or cause objectionable odors,

(f) Tying or tethering dogs. A dog or puppy may be restrained by a fix-point chain or tether only under the following conditions:

(1) Any tethering system employed shall not allow the dog or puppy to leave the owner's property

(2) No chain or tether shall weigh more than one-eighth (1/8) of the dog or puppy's body weight.

(3) Any chain or tether shall be at least ten (10) feet in length and have swivels on both ends.

(4) Any chain or tether must be attached to a properly fitting collar or harness worn by the animal. Choker collars shall not be used for dogs restrained. B a fix-point chain or tether.

State Law Reference: Sec. 949.14 951.14, Wis. Stats.

Section 7-1-17 is hereby amended as follows:


(a) Neglected or Abandoned Animals.

(1) No person may abandon any animal.

(2) Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned, or otherwise- treated in a cruel manner, or otherwise treated in such a manner that the owner would be in violation of Section 7-1-15 or 7-1-16 herein. and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases, the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.

State Law Reference: Sec. 951.15, 951.16 and 951.17, Wis. Stats.