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

Regular Meeting

Superior, WI · January 26, 2023

AgendaMinutes

Minutes

PARKS & RECREATION COMMISSION Minutes January 26, 2023 The meeting was called to order by Chair Ledin at 5:01 pm on January 26, 2023, in Government Center Room 204. 1. ROLL CALL Members Present: Nick Ledin, Ruth Ludwig, David Kroll, Mick MacKenzie, Gene Rosburg, Elizabeth Norén, Jemal Broussard City Staff Present: Linda Cadotte, Russ Behlings, Jodi Saylor, Michael Maruska Others Present: Maria Lockwood (Superior Telegram) * 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held September 29, 2022) MOTION by Ludwig, second by Norén and carried to approve the minutes from the September 29, 2022, meeting with correction to spelling of MacKenzie. 3. OLD BUSINESS 3.1. Request approval for Animals Ordinance Revision –Off Leash Areas There was discussion of the ordinance changes to clarify that dogs are to be on a leash unless in designated “off leash areas” as defined in the ordinance updates. The Commissioners felt it important that dogs be leashed when they are not on the owner’s property to avoid any possible conflicts or attacks. MOTION by Ludwig, second by Norén and carried to approve the revisions to the ordinance with amendments listed below. AMMENDMENT to the motion by MacKenzie, second by Broussard to adopt changes to the revised ordinance as presented by Commissioner MacKenzie to include the following under Chapter 22 “Under Restraint Definition”: 1. By a fence, leash, tie out line, electronic fence, or owner command if effective and/or productive, within the confines of owner’s property 2. By a “leash” while outside the confines of the owner’s property and on public property to include trails, parks, and government buildings 2. Within a vehicle that is sufficiently enclosed so as to prevent the animal from exiting the vehicle. In addition, vehicle confining the animal should be monitored periodically in an effort to prevent the animal’s exposure to extreme temperatures. MOTION by Ledin, second by Rosburg to amend the amendment and to adopt items one and three and leave two as was originally presented. MOTION by MacKenzie, second by Rosburg and carried to refer the WI Point off-leash section to the WI Point Committee and the ordinance revisions to the Public Safety Committee. Parks & Rec Commission – 1/26/2023 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 1 of 3 4. NEW BUSINESS 4.1. Volunteer Program Re-Cap Presentation (receive and file) MOTION by Rosburg, second by MacKenzie and approved to receive and file the 2022 Volunteer Program Re-Cap. 4.2. Boat Launches Re-Cap Presentation (receive and file) MOTION by Rosburg, second by Norén and approved to receive and file the 2022 Boat Launch Re-Cap. 4.3. Approval requested for purchase offer Bunge Corp Land off 44th Avenue There was discussion regarding the benefits of this land being owned by the City. Some of the reasons were that the City currently has a few right of ways in the area and already does some cleanup of garbage and such on the property. Ownership would allow the City to maintain and potentially make improvements to the land. MOTION Rosburg, second by Ludwig and approved to support the purchase the Bunge Corp Land off 44th Avenue. 5. RECURRING BUSINESS 5.1. Director’s Update 5.1.1. Letters have been sent out to previous grant applications inviting applications for 2023. The Council approved $70K for 2023 Recreational Grants. Applications are due February 28th and will be reviewed by this commission at the next meeting on March 16th. Recommendations will then be made and voted on at the March 23rd Parks and Recreation Commission meeting. 5.1.2. The Volunteer, Events & Program Coordinator Position and pay rate were approved at the last Human Resources Committee meeting. The hope is they will also be approved at the next City Council meeting. 5.1.3. The Catamaran Leases on Barkers Island were approved, however, the concrete was not able to be poured prior to winter so will be poured this spring. We did allow them to store the boats there for this winter. 5.1.4. Will be posting soon looking for bands for this year’s Bayside Sounds concerts. The person hired for the new position will be working with this program to allow Caitlin the ability to focus on the Summer Playground Program. 5.1.5. Pickle Pond project was awarded to White Lake Dock and Dredge out of Norton Shore, Michigan. Spring staging will happen by the Veteran’s Memorial on the corner of Belknap and Hwy 2. There will be a dewatering area in the space near where the sledding hill is located for the Ice Festival. 5.1.6. Overnight parking lots – there has been some discussion on how and where to enforce this ordinance. This will be brought to a future Public Safety meeting. 5.1.7. The Parks CIP projects will be presented at the March 23rd meeting. 5.1.8. If approved, we will bring back the off leash ordinance changes to discuss where signs were placed and look at potential concern areas where they also could be place. 5.1.9. Introduced Michael Maruska as the new Full Time Working Foreman for the Parks crew. This was a new position created this year. Michael has been with the City for about 5 years. Parks & Rec Commission – 1/26/2023 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 2 of 3 5.1.10. Superintendent’s Update 5.1.10.1. The Solar lights are on and working on the trail. They are set to run for 3 hours from sunset. Cloudy days and snow can affect them, but they are working to fix the bugs. There are 108 lights all with color id and number for easy location if calls come in about lights not working. They are on all of the Red Trail and part of the Green Trail. 5.1.11. Ski trails are booming and grooming is going great. Crews are now grooming 6 days per week which is earlier than in past years. 5.1.12. Ice Rinks are coming along. Warmer weather and snow have made it difficult. All but Red Barn are now open. The 4 primary rinks are up and running with lights on timers, and they are working on LED upgrades on those. 5.1.13. Veteran’s Park new equipment has been installed and has pour in place surfacing. Turned out very nicely. The crew that installed the pour in place did damage some equipment, but they repaired most of that and are getting supplies to make additional corrections. Cadotte added that that park and land are owned by the housing authority. That land was supposed to be transferred to the City after this project, but the Housing Authority decided not to do that. Director Cadotte suggested the City consider giving them the playground which they would then be responsible to maintain. 5.2. Future Agenda Items 5.3. Confirm next meeting date as March 16, 2023, at 5pm in Room 204 of the Government Center The Commission requested presentations be given by any new applicants (15 minutes) or applicants that have a major change in what their request is. 6. ADJOURNMENT Motion by Rosburg, second by Norén and carried to adjourn the meeting at 6:24 p.m. Respectfully submitted by Jodi Saylor Parks & Rec Commission – 1/26/2023 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 3 of 3

Agenda

PARKS & RECREATION COMMISSION AGENDA Thursday, January 26, 2023–5:00 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, Mick Mackenzie 1. ROLL CALL 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held September 29, 2022) 3. OLD BUSINESS 3.1. Request approval for Animals Ordinance Revision –Off Leash Areas 4. NEW BUSINESS 4.1. Volunteer Program Re-Cap Presentation (receive and file) 4.2. Boat Launches Re-Cap Presentation (receive and file) 4.3. Approval requested for purchase offer Bunge Corp Land off 44th Avenue 5. RECURRING BUSINESS 5.1. Director’s Update 5.2. Future Agenda Items 5.3. Confirm next meeting date as March 16, 2023, at 5pm 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 1/23/2023 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 – 1/26/2023 Mtg PARKS & RECREATION COMMISSION Minutes Thursday, September 29, 2022 The meeting was called to order by Chair Ledin at 5:00 pm on September 29, 2022 in Government Center Room 204. 1. ROLL CALL Members Present: Nick Ledin, Ruth Ludwig, David Kroll, Mick Makenzie, Gene Rosburg, Elizabeth Norén, Members absent: Jemal Broussard City Staff Present: Linda Cadotte, Russ Behlings, Caitlin Knoll, Jodi Saylor*, Tina Anrig (Animal Control Officer) Others Present: Belissa Ho (Wikiwiki Ohana), Mark Vaughan, Chris Slocum, Diane Johnson (all with Blue Water Paddling), Shelly Nelson (Superior Telegram) 1.1 Introductions – Mick Mackenzie new Commissioner 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held May 26, 2022) MOTION by Ludwig, second by Kroll, and carried to approve with correction to Gene Rosburg last name. 3. OLD BUSINESS 3.1. Barker’s Island Boat Launch – Catamaran Leases (Blue Water Paddling & WikiWiki) Blue Water Paddling, formerly Duluth Boat Club, was the first festival provider for dragon boats. They have been around for 15-18 years. They currently own two dragon boats, currently housed at the Barkers Marina guest dock, and two forty feet long, 6-person outriggers that they currently have no home for. They are asking for approval to store the outriggers at the Barkers Island Boat Launch at the cost of $150 per boat, per year. Belissa Ho entered the meeting at 5:12pm. Blue Water Padding and WikiWiki Ohana have both been instrumental in bringing dragon boats to the area. They offer programming that allows people to learn about dragon boating, try out dragon boats and be involved in their organizations. They believe having a presence at Barkers Island with the outriggers would get people excited about and interested in dragon boats. They have invested 20+ years into this for the community and bring revenue to local businesses annually. MOTION by Ludwig, second by Norén and to approve the Barker’s Island Boat Launch – Catamaran Leases with the amendment to the price of $150 per slip, per year. Belissa Ho, Mark Vaughan, Chris Slocum, and Diane Johnson left the meeting at 5:30pm. Parks & Rec Commission – 9/29/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 1 of 4 4. NEW BUSINESS 4.1. Playground Program Re-Cap The Summer Playground Program (SPP) ran from June 13-Aug19, 2022. They are open Monday – Friday from 11:30am - 4:30pm at 6 park locations around City. They once again partnered with the Superior School District to provide lunch and snacks to anyone under 18, even if they were not part of the SPP. They had two to three staff at each site that provided activities and supervision for kids ages 5 – 11. Participants went on a few field trips this year as well as going to the YMCA two times per week to swim. Other trips included paddle boarding at Barkers Island, ice skating at the Superior Ice Arena, and attended the high school’s Club Superior Volleyball skills session. Transportation was provided by leased school district buses and staff. Average attendance was up from last year and more in line with pre-pandemic. Each location was fully staffed this year with two to three staff at each location, in part due to the age requirement being lowered and the wage being increased. Nine of those were returning staff from previous years. Goals for 2023 would be to have the same staffing levels, continue to offer the program for 10 weeks, and continue to partner with teams and organizations for on-site programming, and institute of a Code of Conduct for participants and their parents. See attached re-cap. 4.2. Bayside Sounds Concert Series Re-Cap Bayside Sounds once again received very generous sponsorships from local businesses, including the Title Sponsor – Superior Choice Credit Union. Concerts were offered every Wednesday for 8 weeks, from July 13th through August 31 with a bonus concert at UWS on September 14th. A concert was held in conjunction with our second annual Volunteer Appreciation Event. Goals for next year would be to consider adding food trucks for each concert. 4.3. Discussion on Dog Ordinance Councilor Ledin has had a few constituents reach out over an issue that also got raised at Public Safety of dogs walking around in parks unleashed. People requested that signs be installed in the parks stating that dogs should be leashed. While there is an ordinance about dogs and leashing, it is somewhat ambiguous. Owners could be fined for not picking up dog waste, if the dog were to bother someone, scare someone etc. Discussion involved whether all domesticated animals should be leashed and if there should be certain areas owners could allow dogs to run with no leash, such as Wisconsin Point Beach. It was decided to support an amendment to the ordinance and send this item to the Public Safety Committee. MOTION by Mackenzie, second by Norén and carried to refer this to Public Safety Committee to amend ordinance that dogs and other animals must be on leash if on public property. Tina Anrig left the meeting at 6:28pm. Parks & Rec Commission – 9/29/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 2 of 4 4.4. Reservation Software Update Since March 2021, we have processed over 400 reservations in the new software. This has very much streamlined the process, despite a few hiccups here and there. Overall, people seem to like being able to go online and see what is available and then take of a reservation while there. Of note, the City is seeing 60% of all reservations come in from people that are not residents of Superior. Feedback shows that people enjoy the amenities we offer as well as clean parks and various different settings. See attached re-cap. 4.5. Approve Parks and Recreation Commission meeting dates and times for 2023 March dates are used for review of grants and then voting on grants before going to City Council. MOTION by Mackenzie, second by Ludwig and carried to approve the meeting dates for 2023. 5. RECURRING BUSINESS 5.1. Director’s Update 5.1.1. Boat Launch kiosks – after further looking in to it, we are going to look at doing a QR code pointing to our website for payments to be ready for summer 2023. 5.1.2. Pickle Pond project is out for bids which are closing soon. This project is run by the EPA and DNR and the City contact is Darienne McNamara. The hope is to award the bid in October so work could start right away or wait until spring. This would affect events on Barkers Island as contractors will be using some of the area of the grassy hill for staging and equipment. 5.1.3. Water testing was conducted at Billings Park over the summer and there was only one minor warning that came back. Testing was done regularly as well as after storms so it is looking good that a better beach access swimming could be brought back at some point in the future. 5.1.4. The quality testing at Barkers Island was extended and even though there were few warnings, there were closures recently. In the last week, a couple algae blooms have moved in so it was just announced today that Barkers Island swimming beach is closed for the season. 5.1.5. The Parks Commission did an onsite meeting in July at the Children’s Memorial Garden which had been prepped for paving of the lot and trail to Girl Scout Point. After further discussion, it was decided to wait to have the trail paved as people may like the rustic feel of it. The parking lot is prepped and will be paved next year. 5.1.6. Carl Gullo new sign had a great unveiling appreciation ceremony on September 27th. The hope is to get the consolidated court area prepped to settle over winter while the rest of the equipment and upgrades will be completed next year. 5.1.7. WI Playground has been having a hard time with scheduling issues for the Veteran’s Park playground upgrade. At this point, we may run into a weather situation where they are not able to do the pour in place. 5.1.8. The Parks crew is looking at doing the equipment install at Carl Gullo in house but would need to either contract some to do the pour-in-place or not go with that as the base. Parks & Rec Commission – 9/29/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 3 of 4 5.1.9. SYO gave a tremendous amount of data for their end of year reports which will be included in the minutes. 5.1.10. Parks Superintendent, Behlings said the summer season went well. They were fully staffed this season. They are currently starting to do the season wrap up. 5.1.11. Crews are working on the Central Park disc golf course that is being expanded to a 9-hole course. 5.1.12. Installing solar lights on all of red and part of green ski trails and improving the trails. They should be able to double track the red trail this year. 5.1.13. Crews are also working at Bakers Island planting trees next week. The docks will be pulled for repairs/replacement this winter. 5.2. Future Agenda Items 5.2.1. January – updated CIP project list 5.2.2. Mackenzie - Public Boat Landing parking ordinances. 5.2.3. Volunteer Recap for 2022 5.2.4. Ludwig – discussion on garden maintenance. 5.3. Confirm next meeting date as January 26, 2023 in Room 204 of the Government Center 6. ADJOURNMENT 1. Chair Ledin adjourned the meeting at 7:14 p.m. Respectfully submitted by Jodi Saylor Parks & Rec Commission – 9/29/22 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 4 of 4 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. 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 18 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. Off leash Areas are defined as public property where people may responsibly exercise their dogs without leashes: (1) Superior Municipal Forest Areas a. Superior Dog Park - the fenced in area adjacent to parking lot located off North 28th Street at the Millennium Trailhead – year round b. On the Yellow and Red Trails when not snow covered (estimated to be April through November) c. McClure’s Landing – year round (2) Inside hockey rink boards at the following locations when the ground is dry and there is no ice (estimated to be April through November): a. Allouez Hockey Rink – 3631 East 2nd Street b. Billings Park Civic Center – 18th Street/New York Avenue c. Carl Gullo – 510 26th Avenue East d. Pattison – 1016 Faxon Street e. Red Barn – 901 E 6th Street f. South End – 5902 Weeks Avenue g. Wade Bowl – 1228 Clough Avenue (3) Wisconsin Point - on the beach from lot #1 south access to Dutchman Creek/Moccasin Mike Road 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) 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; Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 2 of 18 (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 Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 3 of 18 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. (Ord. No. O09-3709, § 1, 11-17-2009) Sec. 22-3. Owners to exercise proper control of their animals; penalty. Owners shall keep animal under restraint and 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 property (not designated as an off-leash area in definitions) 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 not under restraint or which has become a public nuisance may be impounded by a law enforcement officer or humane officer and the owner of any such animal may be subject to penalty under this chapter. (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. Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 4 of 18 (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. (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: Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 5 of 18 (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 6 of 18 (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 Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 7 of 18 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) 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; Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 8 of 18 (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 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. Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 9 of 18 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) 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 2 Cross reference(s)—Licenses, permits and business regulations, ch. 74. Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 10 of 18 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 Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 11 of 18 free dog license from the director 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. Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 12 of 18 (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) 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) Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 13 of 18 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. (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) Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 14 of 18 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 15 of 18 (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) 3 Cross reference(s)—Licenses, permits and business regulations, ch. 74. Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 16 of 18 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. (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 Created: 2022-05-05 10:47:12 [EST] (Supp. No. 30) Page 17 of 18 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) 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 18 of 18 Volunteer Program Denise McDonald, Program Coordinator SuperiorParks@ci.superior.wi.us Adopt-A-Programs Individuals, businesses and organizations to take an active role in the upkeep and improvements. Minimum commitment of two years. City will place a sign acknowledging the adopter's commitment to the space. • Parks Volunteers work with staff to adopted an area and then • Gardens work to keep that area beautiful • planting flowers • Boat Launches • painting • reporting vandalism or damage • Trails • planning clean-up days • other maintenance activities • Ball Fields 18 Oakes – Realtors as Neighbors Foundation Allouez – American Family Insurance Barker’s Island Festival Park – Sterling Silver Studio Bear Creek Park – Humane Society of Douglas County Benny Peterson Park – The Keener Family Billings Park – Team RWB Carl Gullo Park – Fire Station #3 Center City Park – Serenity Salon & Spa Central Park – Challenge Center, Inc Dog Park Superior Animal Hospital Gouge Park – The Oaks Family Hammond Park – Nummi Jewelers Family Harbor View Park – Barko Hydraulics, LLC Heritage Park – Central Assembly of God Church Kelly Park – Walking Victorious Ministry Veteran’s Memorial Park – Boys & Girls Club Wade Bowl – Trends Day Spa & Salon Webster Dream Park – Cenovus Superior Refinery Wisconsin Point – Friends of the Lake Superior Reserve Veteran’s Memorial Flag Park Superior - Douglas County Chamber of Commerce Central Park Garden – Superior Optimist Club & Northern Lights Elementary Heritage Garden – Superior Middle School Webster Dream Park Garden- Cenovus Superior Refinery Boat Launches Osaugie Trail (18th to Loons Foot) Rotary Club of Superior Makwa Ziibiins Miikana (Bear Creek Trail) Mayor’s Commission on Communities of Color Barker’s Island Beach Trail Volunteer Hours through the Adopt-A-Program 2021 • Gardens – 120 hours • Parks – 886 hours • Trails – 142 hours • Boat Launches – 131 hours TOTAL HOURS 1,279 x $28.54* = $36,502.66 *According to the Non-Profit Leadership Center https://nlctb.org/tips/value-of-volunteer-time/ Volunteer Hours through the Adopt-A-Program 2022 • Gardens – 271 hours • Parks – 1039.05 hours • Trails – 248 hours • Boat Launches – 186 hours • Ball Fields – 75 hours TOTAL HOURS 1,819.50 x $29.95 = $54,494.03 *According to the Non-Profit Leadership Center https://nlctb.org/tips/value-of-volunteer-time/ Volunteer Hours NOT through the Adopt-A-Program 2021 • Trail Building (Henry’s Project on Millennium Trail) – 220 hours • Osaugie Trail (MidWest Energy) – 15 hours • Dog Park Clean-up (Cardinal Health)– 36 hours • Billings Park Painting (Lake Superior Area Realtors)– 10 hours • Central Park Painting (Mnpls Youth Group) – 36 hours • Student Clean up – 25 hours TOTAL HOURS 342 x $28.54 = $9,760.68 Volunteer Hours NOT through the Adopt-A-Program 2022 • Superior Senior High Students Volunteers – 97 hours • Cooper Students Cleaned up Billings Parks Civic Center – 150 Northwestern Students – Cigarette butt Pick up 40 hours • Trail Building with the Campbell's – 19 hours • NCWMA Garlic Mustard Pull Central Park – 15 hours • Painted Turtles in Gouge Park – 30 hours TOTAL HOURS 351 x $29.95 = $10,512.45 Total Volunteer Hours for 2022 2,160.50 hours x $29.95 TOTAL VALUE OF PROGRAM = $64,692.00 Priceless and not quantifiable level of engagement, dedication, pride and commitment to the community! Boat Launch Recap 2022 2022 Total Sales $22,905.41 in Total Sales $7,672.41 in daily passes $15,232 in annual passes Total by Location Sales $238.00 $851.75 $998.00 $812.30 Locations Passes Revenue $2,860.00 $495.00 Arrowhead Pier 178 $ 851.75 Barker's Island 199 $ 998.00 Billings Park 164 $ 812.30 $5,035.36 Kwik Trip 468 $ 11,395.00 $11,395.00 Loon's Foot 1006 $ 5,035.36 Marina 20 $ 495.00 Northwest Outlet 118 $ 2,860.00 Office 11 $ 238.00 Arrowhead Pier Barker's Island Billings Park Kwik Trip Loon's Foot Marina Northwest Outlet Office Total by Permit Type Sales Permit Type Passes Revenue Resident 329 $ 8,218 $7,672.41 $8,218.00 Resident Sr 170 $ 3,405 Resident Military 2 $ 40 Non-Resident 78 $ 2,340 Non-Resident Senior 49 $ 1,230 $1,230.00 $2,340.00 $3,405.00 Day 1546 $ 7,672 $40.00 Resident Resident Sr Resident Military Non-Resident Non-Resident Senior Day 5 Year Comparison – Pass Count Location 2018 2019 2020 2021 2022 Grand Total Arrowhead Pier 149 190 204 153 178 862 Barker's Island 202 291 313 252 199 1,318 Billings Park 130 160 185 132 164 772 Kwik Trip 412 430 603 571 468 2,465 Loon's Foot 611 879 1,217 1,042 1,006 4,608 Marina 11 20 34 20 96 Northwest Outlet 91 113 19 130 118 422 Office 40 48 169 88 11 422 TOTAL 1646 2131 2710 2402 2164 10,965 5 Year Comparison – Pass Count 1300 1100 900 700 500 300 100 -100 Arrowhead Pier Barker's Island Billings Park Kwik Trip Loon's Foot Marina Northwest Outlet Office 2018 2019 2020 2021 2022 5 Year Comparison – Revenue Arrowhead Barker's Northwest Year Billings Park Loon's Foot Office Kwik Trip Marina Total Pier Island Outlet 2018 $757.10 $1,071.15 $654.02 $3,154.95 $930.00 $5,590.00 $1,625.00 $2,105.00 $15,887.22 2019 $939.00 $1,469.30 $791.02 $4,876.96 $1,080.00 $15,525.00 $895.00 $1,235.00 $26,811.28 2020 $945.00 $1,489.01 $850.00 $5,596.25 $1,117.50 $14,325.00 $455.00 $24,777.76 2021 $785.71 $1,284.25 $686.68 $5,322.75 $2,145.39 $14,015.00 $885.00 $3,130.00 $28,254.78 2022 $851.75 $998.00 $812.30 $5,035.36 $238.00 $11,395.00 $495.00 $2,860.00 $22,685.41 Total $4,231.59 $6,626.33 $3,796.72 $23,360.90 $7,082.89 $52,570.00 $885.00 $10,855.00 $109,408.43 5 Year Comparison – Revenue $18,000.00 $16,000.00 $15,525.00 $14,325.00 $14,015.00 $14,000.00 $12,000.00 $11,395.00 $10,000.00 $8,000.00 $5,590.00 $6,000.00 $4,000.00 $2,000.00 $0.00 2018 2019 2020 2021 2022 Arrowhead Pier Barker's Island Billings Park Loon's Foot Office Kwik Trip Marina Northwest Outlet µ £ ¤ 2-53 0 500 1,000 2,000 Feet BURLINGTON NORTHERN INC VACANT BUNGE CORPORATION VACANT BUNGE CORPORATION VACANT CHICAGO & NORTHWESTERN TRANSPORTATION CO VACANT BUNGE CORPORATION VACANT E AV TH 44 BUNGE CORPORATION TH VACANT 44 BURLINGTON BUNGE NORTHERN INC CORPORATION VACANT VACANT BUNGE CORPORATION VACANT BUNGE CORPORATION VACANT BURLINGTON BUNGE NORTHERN INC CORPORATION VACANT VACANT

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