Parks & Recreation Commission (Meets as needed/quarterly on 4th Thursday of each month at 5:00 p.m.)

PARKS & RECREATION COMMISSION AGENDA Thursday, September 29, 2022–5:00 p.m. Government Center Room 204 VIDEO CALL LINK: https://us02web.zoom.us/j/83538736153 Meeting ID: 835 3873 6153 Password: 747770 Dial-in option: (312) 626-6799 MISSION STATEMENT: To fairly and equitably develop, maintain and improve its programs and entities. COMMITTEE MEMBERS: Ruth Ludwig, Nick Ledin, Gene Rosburg, Elizabeth Norén, Jemal Broussard, David Kroll 1. ROLL CALL 1.1 Introductions 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held May 26, 2022) 3. OLD BUSINESS 3.1. Barker’s Island Boat Launch – Catamaran Leases (Blue Water Paddling & WikiWiki) 4. NEW BUSINESS 4.1. Playground Program Re-Cap 4.2. Bayside Sounds Concert Series Re-Cap 4.3. Discussion on Dog Ordinance 4.4. Reservation Software Update 4.5. Approve Parks and Recreation Commission meeting dates and times for 2023 5. RECURRING BUSINESS 5.1. Director’s Update 5.2. Future Agenda Items 5.3. Confirm next meeting date as January 26, 2023 in Room 204 of the Government Center 6. ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. ********************************************************************************************* Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. ********************************************************************************************* In compliance with Wisconsin Open Meetings Law, this agenda was posted on 9/26//2022 at the following locations: Superior Government Center, Douglas County Courthouse, Superior Public Library, PACT TV, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed the Superior Telegram. Parks & Recreation Commission – 9/29/2023 Mtg PARKS & RECREATION COMMISSION Minutes Thursday, May 26, 2022 The meeting was called to order by Vice-Chair Norén at 5:00 pm on May 26,2022 in Government Center Room 204. 1. ROLL CALL Members present: Nick Ledin, Ruth Ludwig, Gene Ludwig, Elizabeth Norén Members excused: Jemal Broussard City Staff present: Linda Cadotte, Russ Behlings, Jodi Saylor 1.1. Election of Officers 1.1.1. Chair MOTION by Rosburg, second by Ludwig and carried to elect Nick Ledin as Chair. Chair Ledin called for nominations for Vice Chair. 1.1.2. Vice Chair MOTION by Rosburg to nominate Jemal Broussard, no second was given. Motion withdrawn by Rosburg. MOTION by Ludwig, second by Rosburg and carried to elect Elizabeth Norén as Vice-Chair. 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meetings held March 24, 2022) MOTION by Rosburg, second by Norén and carried to approve the minutes from March 24, 2022 Parks & Recreation Commission meeting. 3. OLD BUSINESS 3.1. Parks & Recreation Commission Opening This Commission has had a citizen opening for over a year. It comprises of 2 councilors and 5 Citizens. Members were asked to put the word out and think of possible people to fill this opening. Candidates need to live in City limits. They are encouraged to send a letter of interest and their background to the Mayor’s office. Parks & Rec Commission – 5/26/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 1 of 4 4. NEW BUSINESS 4.1. Cross Country Ski Season - Recap Overall it was a great season. Slideshow with data from the season is include in the minutes. 4.2. Approve - Central Park Disc Golf Course Recommendation expand current 6 to 9-hole course We received 6 submissions on how to add three more holes to the course. Cadotte, Behlings and a representative from the Lake Superior Disc Golf Association visited the site and reviewed submissions made by the public. They compiled a new plan, included in the minutes, that incorporates some elements from several of the submissions. The current basket locations are worn and will need to be redone. The goal is to have two basket locations at each hole so they can be rotated as needed. This plan would require all new signage, a new overall course sign, three new t-pads, three new baskets and a boardwalk for crossing over the creek. This project is budgeted in the CIP. MOTION by Rosburg, second by Norén and carried to approve the Central Park Disc Golf Course Recommendation to expand the current 6-hole course to a 9-hole course. 4.3. Barker’s Island Boat Launch – Catamaran Leases In the past, Blue Water Paddling has used a section of fence on public dock where access is chained off and boats were stored. Then Blue Water Paddling and Wikiwiki stored their boats (without formal permission) at the public launch on Barkers. After some back and forth, as well as with the improvements happening on Barker’s Island boat launch parking lot, a good location for this storage was able to be identified. A lease was drawn up between these two organizations and the City to lease land and build an area for storage of these boats. The cost of the build would be paid for via a separate payment arrangement. Bluewater Paddling received a $3,000 grant from Rec Grants with the intention of using it towards this. Currently, users pay $100 as residents or $200 as non- residents to store canoes or kayaks (6 per rack) for the season. Users do have the option to lease from the Barker’s Marina. After some discussion, members of the commission decided they would like to hear directly from these two organizations on their plans for this storage. Van Sickle joined the meeting at 5:37pm. MOTION by Ludwig, second by Norén and carried to have both Blue Water Paddling and Wikiwiki present their history, their organization, and mission statement to the Parks & Recreation Commission before a final decision is made on the lease agreement. Parks & Rec Commission – 5/26/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 2 of 4 5. Vandalism Discussion – Camera Pilot Project There have been a couple Public Safety Committee meetings about cameras. A pilot program was put in the CIP budget for $10K. The system being recommended is a much more robust system at a much higher cost. Van Sickle left the meeting at 5:59pm The Police Department has recommended a City wide system that would be a $50K budget increase annually to install 20 cameras all over town. It is not feasible for enforcement or financially prudent for the Parks Department to purchase and monitor their own system. The group brainstormed other crime deterrent ideas such as motion sensor lights and alarms. 6. Pay Stations – Boat Launch & Cross Country Ski Passes The City has been looking at automated pay stations at certain boat launches and ski trail areas that would allow users to pay for a pass via credit card. The process is still being looked at. Director Cadotte hopes to bring a recommendation to the next Parks & Recreation Commission meeting. 7. RECURRING BUSINESS 7.1. Director’s Update 7.1.1. Woodstock Bay – One bid came in and was much higher than budget. We are reworking and trying to do more of the work in-house. The plan is to have this project happen in 2023. 7.1.2. Pickle Pond – a gentleman approached Director Cadotte about putting ARU units to capture sounds (birds, etc.) pre-project and then post project. They would place three units at the Pickle Pond and one at Loons Foot Landing. If large enough trees are identified they could be place there, otherwise, they would be installed on poles. 7.1.3. Swimming area at Barkers, buoys are in and a larger swimming area was made. Water quality testing has also started for the season, including at Billings Park. 7.1.4. Children’s Memorial Garden Celebration will take place on Thursday, July 21st at noon. There are 6 engraved bricks will be going in, including one outlining how to sponsor a brick. 7.1.5. Path to Girl Scout Point from the Children’s Memorial Garden will be paved this summer and we are looking at adding some glow stone to the path. 7.1.6. Superior Municipal Forest Master Plan stakeholder meetings happening now to get some preliminary input on the planning process. 7.1.7. Bayside Sounds Around Town schedule is finalized and kicks off July 13. 7.1.8. Veteran’s Park Project was funded at $150 CDBG and $65K from the CIP. CDBG had another project that did not happen and so some funds were reallocated and the plan is out for bid with $250K budget with strictly CDBG funds. We are hoping to also potentially utilize this contract for the small playground area at Carl Gullo Park that will be happening between this and next summers. Parks & Rec Commission – 5/26/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 3 of 4  7.1.9. Superintendent Update 7.1.9.1. Trail lighting – down-casting light that lumens can be adjusted to meet Dark Sky specs. All solar. Enough in budget to do outer and inner red cross country ski trails. All of the lights will be pole mounted. The crew tested several out and the best one was mounted at the pay station on 42nd. These will all be on timers. 7.1.10. Central Park Garden has been redone and is ready for planting. 7.1.11. Webster Park – the crew worked on that garden more, just waiting on benches. Center planter placed and did some drainage work. Signs are in the process. 7.1.12. Boat launches all open. A lot of woody debris came in that has been cleared. 7.1.13. Disc Golf is now installed and open in the forest. Lake Superior Disc Golf Association is encouraging people to be easy out there while it is wet and will do some work out there to help keep it in good shape. 7.1.14. The Parks Crew is fully staffed for seasonal workers. 7.1.15. Conducted first successful control burn on Barkers Island to deal with some invasive species. That went very well. 7.1.16. Trail extension on the Makwa Ziibiins Miikana - Bear Creek Trail has had beaver issues which has caused flooding. There is a single 6 foot culvert that connects into Allouez Bay and the beavers are building into it big and quickly. Crews have cleared it out several times. Working on dealing with that and have installed a grate to keep the beavers out. Once the landfill cap finished they will be able to complete the trail through to Lot 1. 8. FUTURE AGENDA ITEMS 8.1. Confirm next meeting date as July 28, 2022 in Room 204 of the Government Center 9. ADJOURNMENT Chair Ledin adjourned the meeting at 6:34 p.m. Respectfully submitted by Jodi Saylor Parks & Rec Commission – 5/26/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 4 of 4  LEASE AGREEMENT THIS LEASE, made and entered into this ____ day of _______, 2022, by and between the CITY OF SUPERIOR, a municipal corporation existing by and under the authority of the laws of the State of Wisconsin (hereinafter referred to as the “City”) and NAME and ENTITY (hereinafter referred to as the “Lessee”). The City is desirous of leasing to Lessee lands in the area known as Barker’s Island, subject to the following terms and conditions: I. LEASE For the consideration set forth below, the City of Superior does hereby lease to Lessee the following described premises (hereinafter referred to as the Leased Premises): As shown on map attached as Exhibit A. II. PERMITTED USES The City hereby grants to Lessee the right to occupy and use, for or in connection with the storage of Lessee’s Craft (but no other vessel) subject to the terms of this Agreement, the designated boat rack space as shown in Exhibit B. III. RENT The Lessee agrees to pay to the City for use of the leased premises one hundred fifty dollars ($150.00) per year. IV. TERM The term for this Lease shall be for a period of five (5) years commencing on DATE and ending DATE, with optional subsequent five (5) year extensions subject to mutual agreement of terms and fees, unless terminated earlier in accordance with the provisions of this agreement. V. INSURANCE A. The Lessee agrees that he will deposit annually with the City Clerk, a policy of comprehensive liability insurance against bodily injury and property damage in the amount of not less than One Million dollars ($1,000,000.00) per occurrence with the City of Superior listed as additional insured. Such policy shall be issued by a company licensed to do business in Wisconsin. B. The policy of insurance shall be approved by the City Attorney as to legal form before it is filed, and shall contain a provision that the same may not be canceled before the expiration of its term except upon thirty (30) days written notice to the City. C. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically terminate the Lease, unless another policy has been filed and approved pursuant to this section and shall be in effect at the time of such cancellation or termination. Lessee shall not perform any of their permitted uses described in Section II, Permitted Uses, without insurance coverage for such uses. VI. MAINTENANCE A. Lessee shall clean and maintain the Leased Premises; and shall be responsible for all repairs, replacement, and facilities necessary to maintain the Leased Premises good, clean, safe, sanitary and operating condition. Derelict, damaged, abandoned or non-operational boats shall be immediately removed from the Leased Premises. B. No improvement, fixture or construction of any sort shall occur without prior written approval. C. This agreement shall not be construed in any manner to grant Lessee or those claiming under it the exclusive right to the use of the premises and facilities other than those premises leased exclusively to Lessee hereunder. D. Lessee will maintain the Leased Premises in good order and in compliance with applicable law and Lessee shall promptly make such repairs as are necessary. In the event of vandalism or any other casualty, Lessee shall restore the Leased Premises to its original condition; such action must be commenced within sixty (60) days of the date the damage if such damage occurs between April 1 through August 1, or within one hundred twenty (120) days if such damage occurs at some other time, and completed in a reasonable time thereafter. Upon petition by the Lessee, the City may grant an extension of time if it appears such extension is warranted. The City may, but shall not be obligated to, order the Leased Premises to be vacated and all business, occupancy or use of the Leased Premises suspended until such damage is repaired or replaced. VII. ACCESS & PARKNG A. Adjacent City Premises. The City shall give Lessee and its members foot and vehicular access at Lessee’s expense across the adjacent City property, including the property generally shown in Exhibit A Lessee shall promptly pay the City for any damage to City property arising from the use of such access. B. Parking Any other section of this Agreement notwithstanding, Lessee and its members shall not park, let stand, store, keep, dock or anchor vehicles (including both land and water vehicles) in any public boat launching areas shown in Exhibit A or as hereafter constructed. The previous sentence shall not however prohibit: 1.) Temporary loading or unloading from automobiles and trucks at the public boat launching areas provided that such vehicle may be parked or left standing no longer than five (5) minutes. Loading or unloading from vehicles shall not include fueling, or the loading or unloading of fuel. 2.) Subject to such rules and regulations established by the City for the use of a public boat launch, the use of boat launches in common with the public for the sole purpose of placing boats in the water for the season, removing them for the season, or removing them for repair purposes and returning them thereafter. 3.) Lessee shall require its members to park personal vehicles and trailers in the area near the fish cleaning station. The City may elect to change the location of the authorized 2 parking area upon thirty (30) days written notice to Lessee and shall be held harmless for any damages such relocation may cause to Lessee, his employees, owners, agents contractors, tenants and other persons utilizing the parking area. 4.) Lessee shall require its members and other persons utilizing the adjacent parking area to post a parking notice in their vehicle identifying it as an authorized vehicle utilizing the Leased Premises for the above referenced permitted uses on a seasonal basis. Lessee shall provide said notices at his sole cost and expense, and shall be responsible for ensuring compliance with parking regulations at the Leased Premises. The City shall not be liable for any towing expenses, ticket or other penalties incurred due to unauthorized parking in the Barker’s Island area. 5.) Lessee shall further require its members to provide a day parking pass for invitees and other persons utilizing the adjacent parking area to post a parking notice in their vehicles indentifying it as an authorized vehicle patronizing the Leased Premises for the above referenced permitted uses. VIII. ADDITIONAL LEASE PROVISIONS A. Security Lessee shall provide all necessary security for boats or other property on the Leased Premises. B. Liens Lessee agrees that it will promptly pay for any work done in or about the Leased Premises and will not permit or suffer any liens to attach to the Leased Premises or improvements, alterations, repairs or refurbishing thereto. Lessee shall promptly cause any such lien to be released or, in the event Lessee desires to contest any such claim, Lessee shall provide the City with a bond from a surety company authorized to do business in the State of Wisconsin, guarantying payment in the full amount of such claim. C. Assignment and Sublease Lessee may not, at any time during the term of this Lease, assign, sublease, hypothecate or transfer this agreement or any interests or rights under this agreement, without the consent of the City. D. Permits Lessee shall bear the full cost of all construction, all permit applications and approvals, or any other costs connected with its use, occupancy or subleasing of the Premises. The City will join as a co-applicant for any reasonable permit application necessary for the construction or use of the Leased Premises provided that no City expense shall be involved in any such application. E. Covenants The parties hereto for themselves, their legal representatives, successors and assigns, further covenant and agree as follows: 1) Lessee agrees to observe and obey during the term of this Lease, all laws, ordinances, rules and regulations promulgated and enforced by the City and by any other proper authority having jurisdiction over the conduct of the operations at the property. 2) Lessee agrees to hold the City free and harmless from loss from each and every claim and demand of whatever nature, made on behalf of or by any person or persons, for any wrongful, careless or negligent act or omission on the part of Lessee, his agents, servants and employees, and from all loss and damages by reason of such acts or omissions arising from or in any way connected with the use, occupancy, condition or maintenance of the Leased Premises, accesses, utility lines or construction, storage or any improvement thereto, or boat, vehicle, or other object thereon, regardless of any 3  negligence by the City, its agents, officers or employees. 3) So long as Lessee conducts its use of the Leased Premises in a fair and reasonable, Lessee shall peaceably have and enjoy the leased premises and all the rights and privileges herein granted. 4) Lessee agrees that no signs or advertising matter may be erected without the consent of the City or that is not suitable to the City. 5) Failure on the part of the Lessee to pay the rent hereunder, within thirty (30) days after same shall become due, except as provided in the preceding paragraph, shall authorize the City, at its option and without any legal proceedings, to declare this Lease void, cancel the same and re-enter and take possession of the premises upon giving a 10- day notice by registered mail. Lessee shall promptly pay all taxes or assessments that may be levied against the personal property of the Lessee or the building on lands leased to it exclusively under this Lease. 6) If Lessee shall violate any of the restrictions of this Lease, or shall fail to keep any of its covenants after written notice to cease such violation and shall fail to correct such violation within thirty (30) days, the City may at once, if it so elects, terminate the same and take possession of the Leased Premises, building and improvements thereto. 7) The City reserves the right to enter upon the Leased Premises at any reasonable time for the purpose of making any inspection it may deem expedient to the proper enforcement of any of the covenants or conditions of the Lease. 8) The Lessee shall keep the Leased Premises clean, neat and in good order, free from garbage, debris, salvage or junk. No junked or non-operating vehicles, boats, tackle, etc, shall be kept on the property. F. Force Majeure Neither Lessee nor the City shall be held liable for any failure to perform the obligations in this agreement where such failure is a result of acts of Nature such as floods, earthquakes or other natural disasters, nor due to acts of war, invasion, hostilities, terrorist activities, etc., nor by government sanction, embargos, nationalization, etc. Lessee or the City may elect to terminate this agreement as a result of these conditions upon mutual consent of the other party. G. Lessee recognizes that Rent is paid in advance for the entire year. Any interruptions in the use of the Leased Premises, early termination or forcible removal will not entitle Lessee to a refund of Rent, unless specifically agreed to by the City. Any refund of Rent as agreed to by the City shall be calculated on a prorated basis. H. The City reserves the right to terminate this lease for any reason upon sixty (60) days notice to Lessee, and Lessee will hold the City harmless for any damages related to such termination. I. Upon termination of this Lease, Lessee shall remove all improvements Owned by Lessee within ninety (90) days after the Lease termination date and restore the Leased Premises described herein to its original condition, free and clear of all debris. Said removal and restoration shall be subject to the approval and inspection of the Building Inspector of the City of Superior. Prior to commencement of said removal, Lessee shall deposit with the City Clerk of the City of Superior, a bond in the amount of twenty-five thousand dollars ($25,000.00) to guarantee the performance in accordance with this provision. Said bond shall have a surety herein a corporation licensed by the State of Wisconsin Insurance Commission to act as surety. If said improvements are not removed in said ninety (90) day period, the City of Superior shall 4 thereupon obtain title to said improvements or remove them at Lessee's expense at the option of the City. IN WITNESS WHEREOF, the parties have herein set their hands this ________ LESSEE: Signature: Address: Phone: CITY OF SUPERIOR, WISCONSIN: Mayor City Attorney Finance Director City Clerk 5  Summer Playground Program 2022 Program Overview Monday-Friday Registration 11:30-4:30 Lunch & Snack June 13 - August 19 10 Weeks Activities on Site Weather Permitting Field Trips 6 Locations: YMCA Webster Park Standup Paddleboard Wade Bowl Park SAHA Hammond Park Club Superior Volleyball Central Park Billings Park 18 Oaks Park Average Attendance 2018 2019 2020 2021 2022 Central 21-21-20-17 23-23-23-20 10-12-12-11 14-14-14-14 19-21-21-19 Hammond 15-15-14-12 16-16-16-12 8-8-8-8 13-14-14-12 16-17-17-15 Webster 27-28-27-25 21-21-19-17 7-9-9-9 16-16-17-14 21-21-21-18 Wade Bowl 15-13-13-13 14-15-14-13 2-2-2-1 7-9-8-7 7-7-6-5 Billings 12-13-12-10 16-17-16-13 8-9-9-7 26-27-26-22 17-18-18-16 18 Oaks 20-18-17-15 11-12-11-10 10-10-9-9 8-9-9-8 7-7-7-6 2022 Total 2022 Per Week 2021 Total 2021 Per Week Average Average Staff Salaries $61,596.71 $6,159.67 $39,756.20 $3,975.62 Bus Lease $5,673.45 $567.34 $3,669.20 $366.92 Cell Phones $596.30 $59.63 $391.20 $39.12 Portable Toilets $874.00 $87.40 $1,037.50 $103.75 Overall Total $79,118.40 $7,911.84 $56,564.95 $5,656.50 Comparison 2021-2022  Thoughts & Plans for 2023 ❖ Staffing Goals: 2 at Hammond, Wade, Oaks & 3 at Webster, Central & Billings ❖ Continued 10 Week Program ❖ Partner with more teams & organizations on-site ❖ Code of Conduct SLIDESMANIA.COM Bayside Sounds 2022  Superior Choice Credit Union: $2,500 Sponsors Field & Connolly Insurance: $500 American Legion Auxiliary: $1,000 Enbridge: $1,000 Cenovus Energy (UWS Bonus Concert) Total Collected: $5,000 Total Expenses: $3,581.24 Date Talent Attendance Location Weather Schedule & Attendance 7.13 Last Call 135 Billings Park Warm, Sunny 65 7.20 The Fractals 350 Fairlawn Fairlawn Estimate 1,000 Ice Cream Social at Event 7.27 Woodblind 95 Kelly Park Sunny, Rain Showers 8.3 Mackie Brothers 175 Central Park Sunny, 75 8.10 John & Andy 200 Webster Park Warm, Sunny 8.17 Moors & McCumber -- Billings Park Rain 8.24 South of Superior -- Barker’s Island Rain 8.31 Whiskey Trail 225 Barker’s Island Hot, Sunny 9.7 South of Superior 230 Barker’s Island 9.14 Big Wave Dave and the 300 UWS Yellowjacket Ripples Union Patio  PART II ‐ CODE OF ORDINANCES Chapter 22 ANIMALS Chapter 22 ANIMALS1 ARTICLE I. IN GENERAL Sec. 22‐1. Definitions. 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 shall mean all living creatures, not human, endowed with sensation and power of voluntary movement, including mammals, birds, amphibians, and reptiles. At large means off the premises of the owner and not under the immediate control of the owner or some other person. Cruelty or torture means any act, omission or neglect that inflicts, causes or permits unnecessary or unjustifiable physical pain or suffering and/or results in the injury or death to the animal. Dangerous dog means a dog that has been declared to be dangerous by the humane officer because it has, without provocation killed or inflicted great bodily harm on a human being or a domestic animal on public or private property; or has aggressively bitten, attacked or endangered the safety of a human or domestic animal after the dog has been declared a potentially dangerous dog and the owner has received notice of such. Domestic animal means an animal of a species which is generally bred or kept by human beings and which does not generally exist untamed and in the wild. Hearing officer means the chief of police, or his or her designee. Humane officer means the person designated by the mayor, and consented to by the common council, to handle those duties delegated to a humane officer under Wis. Stats. ch. 173, and who has completed a course of training approved by the department of agriculture, trade and consumer protection or received certification by the department. Non‐domestic and/or wild animal means any native or non‐native animal of a species which is generally not bred or kept by human beings and which generally exists untamed and in the wild, or any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Owner means any person who owns, keeps, harbors or has custody of an animal or any person who resides with a person who owns, keeps, harbors or has custody of an animal. Any person who accepts from an owner temporary or permanent keeping or custody of an animal shall be considered an owner of the animal. Potentially dangerous dog means a dog that has been declared a potentially dangerous dog by the humane officer because it has chased, approached, or bit a person, including a person on a bicycle, upon the streets, sidewalks or any private property, other than the dog owner's property in an apparent attitude of attack, or who has a known propensity, tendency or disposition to attack unprovoked, cause injury or otherwise threaten the safety of humans or domestic animals. Public nuisance means any animal to which the following conditions apply: 1 Cross reference(s)—Health and sanitation, ch. 62; declaration of Barker's Island as bird sanctuary, § 90‐47. Superior, Wisconsin, Code of Ordinances Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 1 of 14  (1) Animals that are found on any property against the wishes of the owner or lawful occupant of the property; (2) An animal that damages or fouls the property of anyone other than its owner; (3) Animals that are dangerous or vicious animals; (4) Animals that cause unsanitary conditions of enclosures or surroundings; (5) Animals that are diseased animals dangerous to human health; (6) Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property; or (7) Animals that have been determined to be strays. Public property includes all streets, sidewalks, boulevards, parks, beaches, and any public right‐of‐way. Stray means any unlicensed and unattended animal which appears to not have an owner. Superior Dog Park means the fenced in area adjacent to Municipal Forest parking lot located off of North 28th Street/Millennium Trailhead where people may responsibly exercise their dogs without leashes. Under restraint means an animal controlled: (1) By a fence, leash and/or its owner's command within the confines of the owner's property; or (2) By a leash while outside the owner's property and under the control and direction of the owner or a responsible member of the immediate family, so as to be effectively restrained; or (3) Within a vehicle that is sufficiently enclosed so as to prevent the animal from exiting the vehicle. Unprovoked means that the victim has been conducting themselves peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by a dog. Unreasonably disturb the peace and quiet means generally, but is not limited to the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or humane officer, from a location outside of the building or premises where the animal is being kept. (Code 1971, § 7‐1; Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O17‐4039, § 1, 11‐7‐2017; Ord. No. O19‐4132, § 1, 2‐5‐2019) Sec. 22‐2. Enforcement. (a) City humane officers and law enforcement officers shall enforce the provisions of this section and state law. Any person may call or deliver a complaint to a humane officer or law enforcement officer stating the facts and circumstances of an alleged violation of this section. The officer may investigate such complaint. (b) If a violation occurs in the presence of the officer, a citation may be issued. If a violation did not occur in the presence of such officer, but probable cause of a violation exists, all reports, witness statements, and evidence will support a citation. The officer may also issue an abatement order in accordance with Wis. Stats. ch. 173. Such an order shall contain the following: the name and address of the person to whom directed, the statute or ordinance alleged to be violated, prohibition on further violations, a description of measures necessary to correct the alleged violation, and a description of the hearing and appeal provisions. (c) No person shall interfere with, hinder, or molest a humane officer or law enforcement officer enforcing this chapter or state law, nor shall any person fail to obey the lawful order of a humane officer. No person shall seek to release any animal in the custody of a humane officer, law enforcement officer or city animal impound facility. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 2 of 14 (Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐3. Owners to exercise proper control of their animals; penalty. Owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. A public nuisance is created by any owner who allows: (1) Excessive, continuous or untimely barking, howling, crying or yelping, or the making of loud, continuous and disruptive noises; (2) Molesting or threatening persons, chasing vehicles, or attacking other domestic animals; (3) Running at large on public or private property; (4) Defecating on public property or private property not exclusively owned or occupied by the owner of the animal, and allowing feces to remain and collect on the property owned or occupied by the owner of the animal; or (5) Any dog to be tied to a leash which, at its full length, reaches within three feet of a public sidewalk. Any animal which has become a public nuisance may be impounded by a law enforcement officer or humane officer. (Code 1971, § 7‐2; Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐4. Potentially dangerous or dangerous dogs. (a) Declaration. All cases involving bites or any other cases involving behavior considered potentially dangerous or dangerous will be reviewed by the humane officer who will issue notice in conformity with this chapter. (b) Notice of potentially dangerous dog. Upon determination that a dog is potentially dangerous by the humane officer the city shall provide a a notice of potentialy dangerous dog to the owner of such dog by U.S. mail, Priority Service, or by personally serving the owner or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be potentially dangerous and shall give the owner a list of the restrictions immediately imposed by the designation as well as their right to a hearing to dispute the designation. A hearing must be requested in writing, within 14 days after receipt and submitted to the Superior Police Department to the attention of the administrative assistant. (c) Notice of dangerous dog. Upon determination that a dog is dangerous pursuant to this section, the humane officer shall prepare a written notice of the dangerous dog declaration to be sent by U.S. Mail, Priority Service, or personally served on the owner, or a person of suitable age at the residence of such owner. The notice shall describe the dog deemed to be dangerous. The notice shall further inform the owner of the right to appeal the determination by requesting a hearing, in writing, within 14 days after receipt and submitted to the Superior Police Department to the attention of the administrative assistant. Notwithstanding any request for hearing, the dog owner shall, immediately upon receipt of the dangerous dog notice, confine the dog in a proper enclosure or shall muzzle the dog whenever it is outside of the enclosure. If no timely request for hearing is received by the police department, the owner shall comply with all of the requirements in subsection (f) "Regulation of potentially dangerous and dangerous dogs" herein. If a hearing is requested by the dog owner, in writing, within 14 days of receiving the notice, a hearing officer shall be appointed and a hearing shall be convened. Once the hearing officer has conducted the hearing on the declaration, said officer shall issue an order which either confirms the humane officer's declaration, or reverses it. After the owner is given notice and an opportunity for a hearing as provided in this section, the chief of police or his or her agent is authorized to order the destruction or disposition of any animal which is determined to be a dangerous animal. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 3 of 14 (d) Hearing. If the owner timely appeals the determination of a potentially dangerous or dangerous dog, a hearing shall be scheduled as soon as possible for the owner and the hearing officers' schedules. The hearing officer shall receive evidence whether the dog should be declared potentially dangerous or dangerous. After considering all evidence submitted, the hearing officer shall make written findings of fact and reach a conclusion whether the dog is a potentially dangerous dog or dangerous dog pursuant to the section. The findings and conclusions shall be made within ten working days after the hearing and shall be personally served upon the owner or a person of suitable age at the residence of such owner. The decision of the hearing officer shall be final. (e) Exemption. Dogs may not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person: (1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) Who was provoking, tormenting, abusing or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) Who was committing or attempting to commit a crime at the time. (f) Regulation of potentially dangerous and dangerous dogs. The owner of any dog determined to be potentially dangerous or dangerous after being given the opportunity for a hearing provided above shall be required to abide by any and all restrictions mandated by the humane officer, including, but not limited to: (1) The dog shall be registered with the city as a dangerous dog within 14 days of the determination that the dog is dangerous. The city may charge the owner an annual dangerous dog registration fee of $500.00 in addition to regular dog licensing fees. The property will also be posted with visible warning sign to warning sign to inform others that there is a dangerous dog on the premises. (2) A proper enclosure exists for the dog. If the dog is outside the enclosure it shall be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person but will not cause injury to the dog or interfere with its vision or breathing. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from escaping. (3) The dog shall be microchipped for identification. The name of the microchip manufacturer and the microchip number will be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the humane officer. In either case all costs related to the purchase and implantation of the microchip will be the responsibility of the dog owner. (4) An owner of a dangerous dog must notify the humane officer in writing of the death of the dog or any change in residency within ten days of the death or transfer and must, if requested by the animal control authority, execute an affidavit under oath stating the circumstances the dog's death and disposition or the complete name, address and telephone number of the person to whom the dog has been transferred. (5) A humane officer may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized the humane officer may have the animal sterilized at the owner's expense. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 4 of 14  (6) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement that the person owns a dangerous dog that will reside at the property. (g) Seizure. Failure to strictly comply with the humane officer's order regarding a potentially dangerous dog may result in a fine of up to $500.00 and/or impoundment. The dog may be released at the discretion of the humane officer after paying all fees incurred in impounding and confining the dog. (h) Failure to strictly comply with the humane officer's order regarding a dangerous dog will result in seizure of the dog. The dog will be held until all the requirements are met. The owner shall be responsible for all fees incurred during impoundment. If the owner fails to act or does not claim the dog after seven days of impoundment, the dog will be humanely destroyed. A second violation of the dangerous dog order will result in the seizure and destruction of the dog. The owner shall pay all costs incurred in confiscating, confining and destroying the dog. (Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O19‐4132, § 1, 2‐5‐2019) Sec. 22‐5. Impoundments. A police officer, humane officer, or designee, who captures and restrains an animal within the City of Superior shall notify or deliver the animal to the designated animal impound facility. Unless impounded or relinquished by their owners, all domestic animals which are impounded shall be kept and disposed of in accordance with the provisions of Wis. Stats. ch. 173, as such statute may from time to time be amended. Non‐ domestic animals and animals impounded by their owner may be impounded and/or disposed of as directed by the humane officer or their assistants. Animals subject to impoundment: (1) Any unrestrained or unlicensed animal required to be restrained or licensed by this section may be impounded. (2) Any animal meeting the definition of a public nuisance animal as defined in this section may be impounded. (3) Any animal found to be not properly sheltered from cold, hot or inclement weather, not properly fed or watered, or provided with suitable food and drink in circumstances that threaten the life of the animal in accordance with Wis. Stats. ch. 951. (4) Any animal involved in a biting incident. However if it is the opinion of a licensed veterinarian that a critically injured or diseased animal will unnecessarily suffer, such an animal may be humanely euthanized prior to the designated holding period even though attempts to locate or notify the owner have been unsuccessful. If an owner is located they will be responsible for the cost of the euthanization and or the reasonable cost of the care and treatment. (Code 1971, § 7‐3; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐6. Fee for redemption of impounded animals. Until such time as the animal is disposed of by the impound facility, the owner of the animal impounded under this chapter may reclaim the animal upon payment of the applicable license fee, if unpaid and upon payment of all costs and charges incurred by the city for the capture, impounding and maintenance of the animal. (Code 1971, § 7‐4; Ord. No. O09‐3709, § 1, 11‐17‐2009) Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 5 of 14 Sec. 22‐7. Cruelty; neglect. No person shall: (1) Intentionally torture any animal or without justification kill any domestic animal of another; (2) Abandon or fail without reasonable excuse to provide necessary food, water, care or shelter for any animal in his ownership or control, as described: a. Food—Of sufficient quantity and quality to allow for normal growth and maintenance. b. Water—Clean and fresh water available at all times. Water must not be frozen nor is snow or ice an adequate source of water. c. Care—Keep areas where animals are kept clean of feces, urine and debris, and provide veterinary care in cases of sickness, injury, disease or suffering. d. Shelter—For an animal exposed to the elements this shall include a windproof, waterproof structure of suitable size to accommodate the animal and allow retention of body heat. In the winter the structure shall be provided with suitable bedding material consisting of straw, cedar shavings, blankets, or the equivalent to provide insulation and protection against cold and dampness and promote the retention of body heat. In the summer months shade must be provided. e. Debris and other material—Whether manmade or occurring in nature, must be tended to in such a manner as to provide a safe environment for an animal at all times. This provision includes, but is not limited to, the obligation to maintain a premises so as to allow an animal to move safely without risk of entanglement. (3) Intentionally poison any domestic animal of another or place poison in any place with intent that it be taken by a domestic animal of another; (4) Intentionally transport or confine any animal in a cruel manner; (5) Intentionally participate in or cause an animal to fight with another animal for amusement, gain or training purposes, or intentionally maintain or allow any place to be used for such purpose; or (6) Intentionally abandon any animal by leaving an animal by roadside or other public area, leave an animal on private property without the consent of the owner, or leave an animal without care (food, water or shelter). a. As used in this section, "torture" does not include bona fide experiments carried out for scientific research or normal and accepted veterinary practices, or normally accepted farming or husbandry practices. b. All penalties and fines levied due to a violation of this section shall be in accordance with Wis. Stats. §§ 951.18, 393.50 [939.50], 939.51. (Code 1971, § 7‐5; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐8. Rabies control. (a) State statute adopted by reference. Wis. Stats. § 95.21, "Rabies Control Program," and such amendments to said section as may be from time to time be made, is incorporated and adopted. (b) Duties of owner of animal exposed to rabies. It is hereby made the duty of any animal which the person knows to have been exposed to rabies or has bitten any person to immediately notify the humane officer of Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 6 of 14  such fact and to release the animal to the humane officer upon demand. Said officer may seek whatever legal process is necessary to enter private property to carry out this directive. (1) Animal bites. A humane officer or law enforcement officer shall order a dog, cat or ferret quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies, or has been in contact with a rabid animal. If quarantine cannot be imposed because the animal cannot be captured, the officer may kill the animal. The officer may kill an animal only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head. a. A humane officer or law enforcement officer who orders a dog, cat or ferret to be quarantined shall deliver the animal or order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued. The officer may order the animal to be quarantined on the premises of the owner if the animal is currently immunized against rabies and the owner agrees to and is capable of the quarantine requirements. The animal will be kept under strict isolation and under the supervision of a veterinarian for at least ten days after the incident occurred. b. A humane officer or law enforcement officer may order killed or may kill an animal other than a dog, cat or ferret if the officer has reason to believe that the animal bit a person or is infected with rabies. The animal will then be sent to the state diagnostic lab for rabies testing. (2) Vaccinations required. The owner of every dog, cat or ferret shall have the animal vaccinated against rabies no later than five months of age and re‐vaccinated within one year after the initial vaccination. The owner of any dog, cat or ferret, shall keep the animal current with rabies vaccinations and shall have the animal re‐vaccinated against rabies by a veterinarian on or before the date the immunization expires. Because of techniques and tolerances, species limitations and public health implications, animal rabies vaccines shall be administered only by or under the supervision of a licensed veterinarian. Any animal of a species for which no rabies vaccination is licensed for that species by the United States Department of Agriculture shall be considered unvaccinated for rabies, regardless of that animal's vaccination history. (Code 1971, § 7‐6; Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Secs. 22‐9—22‐30. Reserved. ARTICLE II. DOG LICENSE2 Sec. 22‐31. Licenses required. Every owner of a dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay the dog license tax and obtain a license. The license year commences on January 1 and ends on the following December 31. (Code 1971, § 7‐7; Ord. No. O09‐3709, § 1, 11‐17‐2009) 2 Cross reference(s)—Licenses, permits and business regulations, ch. 74. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 7 of 14 Sec. 22‐32. Issuance of dog licenses; license tax; late fee. Dog licenses shall be issued by the director of finance or such persons as he or she may deputize for the purpose of issuing licenses and collecting license taxes. Licenses shall be issued to dog owners who comply with section 22‐33 and who pay a license tax of $7.50 for each neutered male dog or spayed female dog or $15.00 for each unneutered male dog or unspayed female dog. If the owner of a dog fails to obtain a license prior to April 1st of each year or fails to obtain a license within 30 days of acquiring a licensable dog, or if the owner fails to obtain a license on or before the dog reached licensable age, a late fee of fee of $5.00 shall be assessed and collected from the owner. The late fee shall be in addition to the applicable license tax. In lieu of the above, the city treasurer shall issue kennel licenses when authorized by Wisconsin Statutes. (Code 1971, § 7‐8; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐33. Proof of rabies vaccination. No dog license shall be issued for any dog until evidence has been presented that the dog is currently immunized against rabies. (Code 1971, § 7‐9; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐34. Dog tag. (a) Issuance; shape to change yearly. Upon the issuance of a dog license, the director of finance, or a person deputized by him or her, shall issue to the owner a license certificate and a metallic tag for each dog licensed. The shape of the tag shall be changed each year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the license certificate. (b) Affixing to collar. Each owner shall be required to provide each dog with a collar to which the license tag shall be affixed and shall see that the collar and tag are constantly worn. (c) Duplicate tag. In case a dog tag is lost or destroyed, a duplicate will be issued by the director of finance upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a $2.00 fee for the duplicate. (d) Transferability; refund. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee. (Code 1971, § 7‐10; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐35. Untagged dogs. No owner of a dog shall negligently or otherwise permit his dog to be untagged. A dog is considered to be untagged if a valid dog tag issued pursuant to section 22‐34 is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area. (Code 1971, § 7‐11; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐36. Exemptions. Every dog specially trained to lead blind or deaf persons or to provide support for mobility is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the director Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 8 of 14 of finance. Dogs whose owners are nonresidents temporarily within the city or dogs brought into the city for the purpose of participating in any dog show are exempt from the dog license tax. (Code 1971, § 7‐12; Ord. No. O09‐3709, § 1, 11‐17‐2009) Secs. 22‐37—22‐60. Reserved. ARTICLE III. KEEPING OF ANIMALS Sec. 22‐61. Dog and cat limits. No person shall keep more than three dogs and three cats in any residential lot except in areas as may be zoned suburban, or as otherwise permitted by section 22‐61.1 or section 122‐450 (20) of the zoning code of the city, with the exception that a litter of pups or kittens or a portion of a litter may be kept for a period of time not exceeding four months from birth. A residential lot shall mean a parcel of land accepted and occupied by a dwelling, under common ownership. For the purpose of this section, any vacant parcel or parcels adjoining a dwelling and under the same ownership or control shall constitute one lot. (Code 1971, § 7‐13; Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O19‐4148, § 1, 5‐21‐2019) Sec. 22‐62. Livestock; tethering and keeping. (a) No cow, horse or mule shall be staked out or tethered so that it can reach any shade tree or be within ten feet of any sidewalk in the city. (b) No person shall stake out, tether or leave, allow or permit to be unattended, any horse, mule, cow or similarly large animal upon the right‐of‐way of any street, alley, highway or any public ground within the city. (c) It shall be unlawful for any person to untie, release or otherwise free any horse, mule, cow or similarly large animal, whether restrained pursuant to this article or otherwise legally restrained. (d) No horse, pony, cow, mule, similarly animal, goat, pig, or sheep shall be pastured, stabled, staked out, tethered or in any manner kept in the city nearer than 300 feet from any human habitation, other than the owner's habitation or 300 feet from any public institution. (e) No person shall keep or maintain a horse, mule, cow or similarly animal in the city unless permitted by section 22‐61.1 and provides a fenced area or other enclosure which adequately secures and restrains the animal. The gate or other means used for ingress or egress shall be provided with a padlock or other proper security device designed to prevent unauthorized access to the fenced area or enclosure. (Code 1971, § 7‐14; Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O19‐4148, § 1, 5‐21‐2019) Sec. 22‐63. Riding horses; prohibited riding area. (a) It shall be unlawful to ride a horse on any street, highway or alley in the city faster than at an ordinary trot, or to ride a horse in such a manner as to endanger or expose any person to injury. (b) It shall be unlawful to ride or lead any horse upon any playground, park, boulevard, school ground or other public grounds except the city municipal forest, in the city, nor upon the sidewalks of the city unless such is necessary because such sidewalk is constructed across an alley, street or highway. (Code 1971, § 7‐15; Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O19‐4148, § 1, 5‐21‐2019) Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 9 of 14 Sec. 22‐64. Exotic, large and wild animals prohibited. It shall be unlawful for any person to keep, maintain, sell, buy or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous or carnivorous exotic animal, herbivorous wild animal, wild animal or reptile, any vicious or dangerous exotic animal or any other animal or reptile of wild, vicious or dangerous propensities including, but not limited to, all poisonous snakes, constrictor snakes six feet or more in length, nonhuman primates, bears, crocodiles, alligators, coyotes, elephants, foxes, gamecocks and other fighting birds, hippopotamus, hyenas, jaguars, leopards, lions, lynxes, pumas, cougars, mountain lions, panthers, ocelots, tigers or other wild feline species, including exotic cat crossbreeds, rhinoceros, wolves or hybrid dogs that are part wolf, poisonous insects, arachnids and any endangered species. This section shall not include captive‐bred species of caged birds, rodents, turtles, fish and nonpoisonous, nonconstricting snakes. Any humane officer or law enforcement officer shall be empowered to immediately impound any wild animal found within the city, and to seek whatever legal process is necessary to enter private property to carry out this directive. It is not a defense to allege that the animal has been tamed or born and/or raised in captivity. Exceptions. This chapter shall not apply to animals kept for research purposes by a recognized research institution, injured animals kept temporarily by a veterinarian for recuperation and rehabilitation, or animals brought into the city for temporary exhibition in a circus or wildlife exhibit. (Code 1971, § 7‐16; Ord. No. O03‐3443, § 1, 11‐4‐2003; Ord. No. O09‐3709, § 1, 11‐17‐2009; Ord. No. O19‐4148, § 1, 5‐21‐2019) Sec. 22‐64.1. Over the limit or prohibited animal application. Any person requesting an exemption from sections 22‐61—22‐64 must provide the humane officer an application for over the limit or prohibited animal application which must be approved by the humane officer and the chief of police or designee. (Ord. No. O19‐4148, § 1, 5‐21‐2019) Sec. 22‐65. Feeding of deer prohibited. (a) 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 area of 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, fruit, vegetable material, sunflower seeds or deer suckers 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, 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. (c) This section shall not apply to the following situations: (1) The placement of bait for the purpose of hunting whitetail deer subject to all other laws, ordinances, rules and regulations governing hunting and the discharge of hunting weapons. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 10 of 14  (2) 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. (3) Unmodified commercially purchased bird feeders or their equivalent. (4) Deer feeding may be authorized on a temporary basis by the common council for specific public purposes determined by the common council. (d) Any person who violates any provision of this section and is found guilty shall be fined not less than $50.00 nor more than $100.00 plus penalty assessments and costs. (Ord. No. O02‐3371, § 1, 7‐2‐2002; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐66. Cleanliness of places where animals are kept; keeping of ill animals. All stables, barns, cattle sheds, cattle yards, pigpens, kennels and other places wherein cattle or other animals of any kind are kept shall be at all times maintained in a clean and inoffensive condition; and any person owning or having under his or her charge within the city any animal which he or she shall know or suspect to be affected by any communicable disease, in particular by glanders or anthrax, shall carefully isolate the animal from other animals and shall make a report of the existence or suspected existence of such disease to the county health department. (Code 1971, § 7‐17; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐67. Permission required to trap animals on private property; penalty. (a) The trapping of animals within the city on public or private property is prohibited unless permission is obtained from the owner of the property. (b) The fine for a violation of subsection (a) of this section shall be a fine of not less than $10.00 and not more than $100.00, and the costs of prosecution to the city, and in default of payment of the fine and costs of prosecution, the violator shall be imprisoned in the county jail for not more than 15 days or until the forfeiture and costs of prosecution are paid. (Code 1971, § 7‐18; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐68. Feeding of waterfowl prohibited. (a) Purpose. This section is to protect the health, safety, and welfare of the community and its wildlife by prohibiting the feeding of waterfowl, including ducks, geese, and gulls, on any maintained park, other recreation area, or public property in the City of Superior. It has been established that feeding waterfowl increases the potential for damage to public parks and property, may elevate the potential for the spread of disease in people, and contributes to water quality problems in public swimming areas. In addition, it is the intent of this section to protect the welfare of the waterfowl themselves, as wildlife studies have shown that feeding waterfowl can interrupt their normal migration patterns, can make them more aggressive in demanding food, cause nutritional problems, expose them to danger by eliminating their natural fear of predators, and promote the spread of diseases. (b) Definitions. As used in this section, the following terms shall have the meanings indicated: Waterfowl shall include any bird that frequents the water, or lives about rivers, lakes, etc., or on or near the sea; an aquatic fowl, including, but not limited to, ducks, geese, and gulls. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 11 of 14 (c) Prohibitions. No person shall feed or provide food to any waterfowl at or within 300 feet of any maintained park, other recreation area, or public property in the City of Superior. It is prohibited to place, deposit, scatter or distribute in a location accessible to waterfowl any type of food, including, but not limited to, corn, wheat or other grains, bread, popcorn, bird seed, scraps or any substance liable to be eaten by waterfowl or other wild animals. (d) Feeding of other songbirds and other backyard birds. Feeding of songbirds and other backyard bids shall be permitted outdoors at such times and in such numbers that: (1) Such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property; (2) Does not create an accumulation of droppings on the property and surrounding properties; and (3) Does not become an attractant for rodents or other wild animals; and bird feeders are placed at least five feet above the ground. (e) Violation and enforcement. Animal control officers and all police officers for the City of Superior are given full power and authority to enforce this section. Any person who violates any provision of this section shall be fined $50.00 for the first violation, $100.00 for the second infraction committed within one calendar year, and $250.00 for third infraction committed within one calendar year. (Ord. No. O17‐4026, § 1, 8‐15‐2017) Secs. 22‐69—22‐92. Reserved. ARTICLE IV. KENNELS3 Sec. 22‐93. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Kennel means any business enterprise which regularly engages in raising, training, buying, selling or boarding any species of animal for hire or profit, but not including an animal or veterinary hospital. (Code 1971, § 7‐19(a); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐94. License—Required. No person shall operate a kennel without first obtaining a license pursuant to statute from the city finance department. The license year shall be from January 1 to December 31. The annual license fee commencing January 1, 1994 shall be $75.00 per year, which will also be charged without proration for periods of less than a year. The license shall not be transferable between person and locations. A written application for such license shall be filed with the finance department, which shall contain the name and address of the applicant and the location of the proposed kennel and such other information as may be required by the finance department, humane officer or the county health department. 3 Cross reference(s)—Licenses, permits and business regulations, ch. 74. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 12 of 14 (Code 1971, § 7‐19(b); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐95. Same—Suspension or revocation. A license issued under this chapter may be suspended or revoked during its term for failure or refusal to comply with the provisions of this chapter or with any law, rule or regulation governing the keeping or protection of animals. Upon recommendation by the humane officer, a license may be suspended for a period of time, not exceeding seven days without notice or hearing in the event of a violation of this chapter which presents an immediate and extensive danger to the health, safety or welfare of persons or animals. In the event that a license is suspended by the humane officer for a period of longer than seven days, the licensee shall be entitled to notice and a hearing before the common council within seven days after requesting such hearing. During any period of suspension, no sales of pets or other business or transactions involving such pets shall be performed by the licensee. In the event of license revocation, no part of the license fee shall be refunded. (Code 1971, § 7‐19(d); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐96. Sanitation; humane treatment. Every kennel, including all places of confinement and all other facilities therein shall at all times be maintained in a clean and sanitary condition and no refuse or waste material shall be allowed to accumulate which shall be detrimental to the animals in the kennel. All animals kept therein shall be humanely treated and confined. Any animal having any disease shall be properly isolated and treated and shall not be sold. (Code 1971, § 7‐19(c); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐97. Inspection of kennels. All kennels in the city shall be inspected on a annual basis, upon 72 hours' notice by the humane officer or his or her designee. He or she shall provide each kennel operator with a written list of violations and the method for their abatement. Refusal to follow such directives shall be basis for suspension or revocation of any kennel license. Kennels may be inspected without notice if complaints are received regarding noise, cleanliness and/or mistreatment. (Code 1971, § 7‐19(e); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐98. Compliance with state and federal guidelines. The holder or [of] each kennel license shall comply with the applicable Wisconsin Department of Agricultural and the United States Department of Agricultural guidelines regarding confinement, care, feeding and treatment of animals, as well as all applicable statutes. (Code 1971, § 7‐19(f); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Sec. 22‐99. Violation; penalty. Any person who violates any provision of this chapter shall forfeit not less than $50.00 and no more than $500.00 per day for each separate offense. In addition, the city attorney shall have the authority to pursue civil remedies for nuisance created by any person operating a kennel under this chapter. (Code 1971, § 7‐19(g); Ord. No. O05‐3510, § 1, 3‐15‐2005; Ord. No. O09‐3709, § 1, 11‐17‐2009) Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 13 of 14 Sec. 22‐100. Humane officer. (a) The mayor shall designate, subject to the consent of the common council, a person whose duties shall include those duties delegated to a humane officer under Wis. Stats. ch. 173 provided such person shall have completed a course of training approved by the department of agriculture, trade and consumer protection or received certification by the department. (b) The chief of police is designated as of the official of the city authorized to withdraw abatement orders issued by the humane officer under Wis. Stats. § 173.11. (Code 1971, § 7‐20; Ord. No. O09‐3709, § 1, 11‐17‐2009) Cross reference(s)—Officers, § 2‐82 et seq. Created: 2022‐05‐05 10:47:12 [EST] (Supp. No. 30) Page 14 of 14  2023 - Parks & Recreation Commission Meetings January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 30 May June July August S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 1 2 3 4 5 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 31 30 31 September October November December S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31