[HISTORY: Adopted by the Village Board of the Village of
Rothschild 9-26-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 195, Animals,
adopted 3-10-2016.
A.
ADULT
ANIMAL
ANIMAL WELFARE ACT
AT LARGE
BREED
CAT
CRUEL
DOG
ENFORCEMENT OFFICIAL
FARM ANIMAL
KEEPER OF A KENNEL
KENNEL
KENNEL LICENSE
OWNER
PET
TEMPORARY FOSTER CARE
VETERINARY HOSPITAL OR CLINIC
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
An animal over five months of age.
Mammals, reptiles and birds.
Federal animal welfare regulations as adopted by the United
States Department of Agriculture.
To be off the premises of the owner and not under the control
of some person by leash.
A domestic race of animals (selected and maintained by humans)
with a common gene pool and a characterized appearance and function.
A domesticated animal of the feline type (Felis domesticus),
except for a feral cat.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
A domesticated animal of the canine type (Canis familiaris);
young animals (puppies) of this type are considered dogs. It shall
not include any animal which is in whole or in part of the Canis lupus
or wolf species.
Any Village police officer, the County Sheriff's Department,
or any other person designated by the Village to enforce state statutes
and local ordinances as they pertain to animal control.
Any warm-blooded animal normally raised on farms in the United
States and used or intended for use as food or fiber.
Any person operating a legal kennel.
A facility where dogs, cats or other animals are kept for
boarding, grooming, training, breeding, purchase, sale or similar
purposes for compensation. Such establishments may include incidental
sale of pet supplies. This does not include animal shelters or a facility
owned or operated by a veterinarian where animals are boarded only
in conjunction with the provision of veterinary care. This pertains
to commercial and noncommercial kennel permits.
A written approval from the Village allowing the keeper of
a kennel to exceed the permitted number of cats or dogs and operate
a kennel as specified in this article.
Any person owning, harboring or keeping an animal, and the
occupant of any premises on which an animal remains or to which it
customarily returns daily for a period of five days is presumed to
be harboring or keeping the animal within the meaning of this Code.
An animal kept and treated as a pet.
The care of animals on a full-time, temporary basis (no more
than three months) by persons other than their owner.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of disease and injuries in animals.
B.
Construction and application. This chapter shall not be interpreted
as controverting any law regulating the taking of game as defined
in § 29.001, Wis. Stats.; the trapping of animals; the use
of live animals in dog trials or in the training of hunting dogs;
or the slaughter of animals by persons acting under state or federal
law.
No person shall bring into, keep or maintain in the Village any bees, wasps, hornets, poisonous snakes, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code or pursuant to § 823.08, Wis. Stats. The prohibitions herein do not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other like show; dog or cat shows or trials; or public or private educational institutions. Also see § 195-28.
No person may treat any animal, whether belonging to himself
or another, in a cruel manner. Section 174.13, Wis. Stats., is hereby
adopted by reference and incorporated into this code.
No person may take the dog or cat of another from one place
to another without the owner's consent or cause such a dog or cat
to be confined or carried out of this Village or held for any purpose
without the owner's consent. This section does not apply to enforcement
officials engaged in the exercise of their official duties or as otherwise
permitted herein.
No person shall lead any animal upon a Village street from a
motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.
A.
No person may expose any pet animal owned by another to any known
poisonous substance or controlled substance listed in § 961.14,
Wis. Stats., whether mixed with meat or other food or not, where:
B.
This section shall not apply to poison used on one's own premises
and designed for the purpose of rodent or pest extermination nor the
use of a controlled substance used in accepted veterinary practice
or in research by persons or organizations regularly engaged in such
research.
No person may, directly or indirectly, or by aiding, abetting
or permitting the doing thereof, either put, place, fasten, use or
fix upon or to any animal used or readied for use for a work purpose
or for use in an exhibition, competition, rodeo, circus or other performance
any of the following devices: a bristle bur, tack bur or like device
or a poling device used to train a horse to jump which is charged
with electricity or to which have been affixed nails, tacks or other
sharp points.
A.
No person may instigate, promote, aid or abet, as a principal, agent,
employee or spectator, or participate in the earnings from or intentionally
maintain or allow any place to be used for a cockfight, dogfight,
bullfight or any other fight between the same or different kinds of
animals or between an animal and a person. This section does not prohibit
events or exhibitions commonly featured at rodeos or bloodless bullfights.
B.
No person may own, possess, keep or train any animal with the intent
that the animal be engaged in an exhibition of fighting.
No person may instigate, promote, aid or abet, as a principal,
agent, employee, participant or spectator, or participate in the earnings
from or intentionally maintain or allow any place to be used for the
shooting, killing or wounding with a firearm or any deadly weapon
any animal that is tied, staked out, caged or otherwise intentionally
confined in a man-made enclosure, regardless of size.
A.
No person may sell, offer for sale, barter or give away living chicks,
ducklings or other fowl without providing proper brooder facilities
for the care of such chicks, ducklings or other fowl during the time
they are in such person's care, custody or control.
B.
No retailer, as defined in § 100.30(2)(e), Wis. Stats.,
may sell, offer for sale, barter or give away living baby rabbits,
baby chicks, ducklings or other fowl under two months of age, in any
quantity fewer than six, unless the purpose of selling these animals
is for agricultural, wildlife or scientific purposes.
No person may sell, offer for sale, raffle, give as a prize
or premium, use as an advertising device or display living chicks,
ducklings, other fowl or rabbits that have been dyed or otherwise
colored artificially.
A.
No more than four adult animals per household, with a combination
of three adult dogs and/or three adult cats, shall be kept in or upon
one single-family residential unit or by one or more persons constituting
one residential unit, unless the premises is licensed as a kennel,
except that service animals pursuant to the Americans with Disabilities
Act and § 106.52(1)(fm), Wis. Stats., shall not be counted
towards these numbers.
B.
No more than two adult animals per multifamily residence, with a
combination of two adult dogs and/or two adult cats, shall be kept
in or upon one multifamily family residential unit or by one or more
persons constituting one residential unit, unless the premises is
licensed as a kennel, except that service animals pursuant to the
Americans with Disabilities Act and § 106.52(1)(fm), Wis.
Stats., shall not be counted towards these numbers.
No person owning or responsible for confining or impounding
any animal may refuse or neglect to supply the animal with a sufficient
supply of food and water, as prescribed in this section.
No person owning or responsible for confining or impounding
any animal may fail to provide the animal with proper shelter as prescribed
in this section. In the case of farm animals, nothing in this section
shall be construed as imposing shelter requirements or standards more
stringent than normally accepted husbandry practices in the particular
county where the animal or shelter is located.
A.
Indoor standards. Minimum indoor standards of shelter shall include:
B.
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1)
Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this subsection, "caged" does not include farm
fencing used to confine farm animals.
(2)
Shelter from inclement weather. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal. Example: If a
dog is tied or confined unattended outdoors under weather conditions
which adversely affect the health of the dog, a shelter of suitable
size to accommodate the dog shall be provided.
C.
Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1)
Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2)
Space requirements. Enclosures shall be constructed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of debility,
stress or abnormal behavior patterns.
D.
Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include daily cleaning to remove excreta
and other waste materials, dirt and trash so as to minimize health
hazards.
A.
No person may intentionally abandon any animal.
B.
Any enforcement official may remove, shelter and care for any animal
found to be cruelly exposed to weather, starved or denied adequate
water, neglected, abandoned or otherwise treated in a cruel manner
and may deliver such animal to another person to be sheltered, cared
for and given medical attention, if necessary. In all cases the owner,
if known, shall be immediately notified, and such officer or other
person having possession of the animal shall have a lien thereon for
its care, keeping and medical attention and the expense of notice.
This subsection shall not preclude any common-law right the keeper
may have to recover the cost of distrainment from the owner.
C.
If the owner or custodian is not known and cannot with reasonable effort be ascertained, or if the owner or custodian does not, within seven days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such. This subsection shall not be interpreted as lengthening the holding time required of any animal control agency, such as described in § 195-25 below or length specified by the State of Wisconsin.
A.
Vaccination against rabies. This means the inoculation of a dog,
cat or other animal (hereinafter called "pet"), susceptible to rabies
and kept as a pet, with a rabies vaccine licensed by the United States
Department of Agriculture. Such vaccination shall be performed by
a veterinarian duly licensed to practice veterinary medicine in the
State of Wisconsin.
B.
Rabies vaccination required. The owner of such a pet shall have the
pet vaccinated against rabies by a veterinarian within 30 days after
the pet reaches four months of age and revaccinated within one year
after the initial vaccination. If the owner obtains the pet or brings
the pet into the Village after the pet has reached four months of
age, the owner shall have the pet vaccinated against rabies within
30 days after the dog is obtained or brought into the Village, unless
the pet has been vaccinated as evidenced by a current certificate
of rabies vaccination from this state or another state. The owner
of a pet shall have the pet revaccinated against rabies by a veterinarian
before the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination.
C.
Duties of owner; vaccination tag. It shall be the duty of each owner,
at the time of vaccinating any such pet, to immediately attach the
tag to the collar or harness of the pet. The tag shall be worn by
the pet at all times. The tag shall be numbered and show the month
and year of issuance.
D.
Impoundment for rabies observation. Any pet or animal which may transmit
rabies to another pet or animal or to humans and which has bitten
or scratches a human shall be dealt with as follows:
(1)
If suspected of having rabies, it shall be impounded at the Marathon
County Humane Society or at the facility of a licensed veterinarian.
(2)
A veterinarian shall by examination determine if the pet or animal
manifests the symptoms of rabies. If the examiner suspects rabies
is present, the pet or animal shall be confined in the care of the
Humane Society or a licensed veterinarian. If the examiner finds no
manifestations of rabies, in the sole discretion of the examiner,
the pet or animal may be confined by the owner, if it has a current
vaccination and the vaccination tag was attached at the time the animal
was first seized. Confinement shall be for a period of 10 days. Reexamination
shall be made prior to release from confinement. If the examiner finds
no manifestation of rabies upon such reexamination, the confinement
shall end. If the examiner suspects rabies may be present, however,
an additional ten-day confinement may be ordered in the sole discretion
of the examiner.
(3)
The Village Police Department shall be notified of all such bites
or scratches within 12 hours of such occurrence.
E.
Handling of animals bitten or scratched by rabid animals. In the
case of animals known to have been bitten or scratched by a rabid
animal, the following rules shall apply:
(1)
Unvaccinated pets.
(a)
Animals which have been bitten or scratched by a known or suspected rabid animal should be immediately destroyed, except as in Subsection E(1)(b) below.
(b)
If the owner is unwilling to destroy the bitten, scratched or
exposed pet or animal, strict isolation in a kennel under veterinary
supervision for a minimum of six months shall be enforced. The unvaccinated
pet shall be vaccinated immediately.
F.
Impoundment of pets without a valid rabies vaccination tag.
(1)
If any pet is found off the owner's premises and not wearing a valid
rabies vaccination tag, the owner shall be notified, if known. If
the owner is not known or cannot produce a valid vaccination certificate,
the pet shall be impounded at the Marathon County Humane Society.
In lieu of impoundment, the authorizing agency may require the owner
to furnish a vaccination certificate within 72 hours after notification.
If a vaccination certificate is not furnished within said seventy-two-hour
period, the pet shall be impounded.
(2)
Notice of impoundment of all animals, including any significant marks
of identification, shall be posted at the pound as public notification
of impoundment. Any unvaccinated pet may be reclaimed by its owner
during the period of impoundment by payment of prescribed pound fees
and complying with rabies vaccination requirements of this chapter
within 72 hours of release. Any vaccinated pet impounded because of
lack of a rabies vaccination tag may be reclaimed by its owner by
furnishing proof of rabies vaccination and payment of all impoundment
fees prior to release.
(3)
Every animal six months of age and older shall be licensed only upon
proof of rabies vaccination in accordance with the above provisions.
A.
Every owner of a dog and/or cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually or within 30 days from the date such dog and/or cat becomes five months of age, at the time and in the manner provided by law for the payment of property taxes, pay his/her dog and/or cat license fee and obtain a license therefor. No such license shall be issued without proof of compliance with § 195-16, Rabies control.
B.
The license fees are set by the Village Board.
B.
Any person who keeps or operates a kennel may, in lieu of the license
tax for each animal required by this chapter, apply to the Village
Treasurer for a kennel license for the keeping or operating of such
kennel. For such kennel the license tax shall be set by the Village
Board. With such kennel license the Treasurer shall issue a number
of tags equal to the number of animals authorized to be kept in the
kennel.
C.
Kennel license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The licensee of a kennel shall at all times keep one of such tags attached to the collar of each animal over five months of age. Such tags may be transferred from one animal to another within the kennel, whenever any animal is removed from the kennel. No animal shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless it bears a kennel license tag and is on a leash, unless the animal is presently engaged in an activity listed in § 195-2.
D.
License required. It shall be unlawful to operate a kennel in the
Village without first obtaining a license pursuant to this chapter.
(1)
Any person who keeps or operates a kennel shall apply to the Village
for a license for the keeping or operating of such kennel. Each kennel
location operated shall be considered a separate enterprise, and each
enterprise shall have a license.
(2)
A license is valid for 12 months and must be renewed annually.
(3)
A license may be revoked at any time if the keeper of the kennel
fails to comply with all laws and regulations related to the care
and keeping of animals or any conditions set under this chapter. Prior
to issuance of such license by the Village and annually thereafter,
the premises may be inspected by an enforcement official to ensure
that the premises complies with the provisions of this chapter.
(4)
The license shall be prominently displayed on the premises of the
licensed kennel.
(5)
Subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.,
no license to operate a kennel shall be issued to any person who has
been convicted of crimes against animals pursuant to Ch. 951, Wis.
Stats.
(6)
Licenses issued on the basis of false information supplied by the
applicant may be revoked, and operation of the subject kennel shall
be terminated upon revocation of the license.
E.
Application and fee.
(1)
Each person requiring a license under this section shall complete
an application form furnished by the Village and shall file the completed
application with the Village Clerk and will be approved by the Village
Board.
(2)
The annual fee to be paid to the Village for a kennel license shall
be set by the Village Board.
(3)
Term of license. Licenses issued under this subsection shall expire
annually on December 31.
F.
Review of license.
(1)
The Police Department and Administrator of Public Works shall review
the application and shall make a recommendation to the Village Board
whether to grant or deny the license based on the material submitted
in the application, the submitted operational plan and its compliance
with applicable zoning.
(2)
The Village Board, after receiving a recommendation from the Police Department and Administrator of Public Works, shall vote to grant or deny the license. In addition to the operational plans of Subsection I below, the failure to comply with such conditions may be cause for revocation of the license.
G.
Renewal. If the applicant has had no past violations under his or
her license for the past year, then at the recommendation of an enforcement
official, the Village Board may waive the requirement for the renewal
application to be reviewed by it.
H.
Limitations. A kennel license may only be granted for a property
on which a kennel is a permitted zoning use or property for which
a conditional use permit has been granted.
I.
Operations. All kennels shall comply with the following standards:
(1)
There shall be sufficient clean, dry bedding to meet the needs of
each individual animal. Litter and/or bedding material shall be changed
as often as necessary, and there shall be adequate ventilation to
prevent an odor nuisance.
(2)
Feces shall be removed from cages, pens and enclosures daily to prevent
unsanitary conditions and odor nuisance.
(3)
All cages and enclosures are to be of a nonporous material for easy
cleaning and disinfecting and shall have secure latches in good repair.
Each cage must be of sufficient size that the animal will have room
to stand, turn, and stretch out to its full length.
(4)
The floor and walls of any room in which animals are kept shall be
covered with impervious, smooth, cleanable surface. The floors and
walls shall be cleaned and disinfected as often as necessary to prevent
an odor nuisance.
(5)
The premises shall be kept free of insect and rodent infestations.
Food supplies shall be stored in rodent-proof containers.
(6)
There shall be available hot water for washing cages. Fresh drinking
water shall be available to all species at all times. All water containers
shall be mounted so the animal cannot easily turn them over and be
removable for cleaning.
(7)
Food for all animals shall be served in a clean dish so mounted that
the animal cannot readily tip it over or defecate or urinate in same.
(8)
All animals must be fed and watered according to the accepted procedure
for that species and cages cleaned every day.
(9)
Shade from the direct rays of the sun shall be provided for all animals.
J.
Selling/transfer of animals.
(1)
It is the duty of the seller to ensure that all animals sold or otherwise
transferred are healthy, parasite free, and current with regard to
vaccinations at the time of sale or transfer.
(2)
Records of all sales or adoptions of animals shall be maintained
by the seller for a period of two years. Records will include the
date of the transaction, species and breed, date of birth, sex, color
and description of the animal, and the name and address and telephone
number of the purchaser or adopter. Records shall be available on
request to any enforcement official.
(3)
No seller shall exceed the limitations on sales stated in § 173.41,
Wis. Stats., without also securing a proper license from the State
Department of Agriculture, Trade and Consumer Protection, Division
of Animal Health.
(4)
Any violation of this section constitutes an ordinance violation
and may also result in the suspension or revocation of license to
operate a kennel or other commercial animal establishment.
(5)
The Rothschild Police Department shall give the licensee notice of
the violation and of the repercussion of that violation. The licensee
may request a hearing before the Village Board with regard to suspension
or revocation of the license; such request must be made in writing
within 10 days from when notice is received.
K.
Inspection.
(1)
Enforcement officials shall be permitted to inspect all kennels and
animals therein at any time during the business hours of the establishment
or at other reasonable times.
(2)
All reports of such inspections shall be made in writing and maintained
by an enforcement official.
(3)
Enforcement officials are authorized to enter the structure or premises
wherein a kennel regulated under this chapter is maintained at reasonable
times to inspect.
(4)
If the owner or those in possession of a structure or premises wherein
a kennel regulated under this chapter is maintained refuse inspection
of said kennel, the enforcement official may obtain an inspection
warrant from Marathon County Circuit Court in order to determine if
the kennel is maintained in accordance with Village ordinances.
(5)
Refusal to permit inspection may result in revocation of license
to operate a kennel. The enforcement official shall give the licensee
notice of this action. The licensee may request a hearing before the
Village Board with regards to the revocation; such request must be
made, in writing, to the Village Clerk within 10 days from the refusal
to inspect.
(6)
In the event that an enforcement official finds the kennel in violation
of any law or regulation related to the care or keeping of animals,
including any section of this chapter, the kennel shall have 30 days
to correct the violation or the license shall be revoked.
(7)
Nothing in this section shall inhibit an enforcement official from
requesting the search and/or seizure of any premises from a court
of competent jurisdiction.
L.
Violations. Licensees will be allowed up to 30 days, following written
notification of any violations of this subsection or any subsection
of this chapter by the enforcement official to correct any violations.
Failure to correct these violations shall result in immediate revocation
of the license by the Village Board.
M.
Appeal; denial or revocation of a license.
(1)
Any person who is denied a license or whose license is revoked may
appeal the denial or revocation to the Zoning Board of Appeals within
60 days of the date of the denial or revocation of the license.
(2)
All requests for appeals must be in writing and addressed to the
Clerk, whereupon the Clerk shall set the appeal for hearing within
45 days of the receipt of the written request.
A.
It shall be unlawful to own, keep or harbor a dog or cat or other
animal and permit such animal to run at large in the Village.
B.
Under the provisions of this section, the animal shall be considered as running at large when it is not on the premises of its owner, unless it is on a leash, is being exercised pursuant to § 195-22 below, is in or upon a vehicle or boat, or is in or on the property of another who does not object to the presence of such animal.
[Amended 7-8-2019]
A.
No vicious animal shall be allowed off the premises of its owner
unless muzzled or on a leash and in the charge of an adult of at least
18 years of age. For purposes of enforcing this section, an animal
shall be deemed as being of a vicious disposition if, within any twelve-month
period, it bites two or more persons or inflicts serious injury to
one person in unprovoked circumstances.
B.
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after vehicles.
Any female dog or cat in a heat cycle shall be kept confined
in a building or secure kennel enclosure, veterinary hospital, boarding
kennel or special precautions should be taken during a heat cycle
to prevent contact with other animals.
[Amended 7-8-2019]
A.
Any person exercising or walking an animal shall have the animal
on a leash and under their immediate control while on public property
and in Village parks. Animals are prohibited in fenced areas in Village
parks intended for other public uses.
[Amended 9-12-2022]
B.
The prohibition in § 195-22A does not apply in the Cedar Creek recreation area and where there are animals during hunting or training activities on parcels open to hunting; projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other like show; dog or cat shows or trials; a public or private educational institution; or to service animals pursuant to the Americans with Disabilities Act[1] and § 106.52(1)(fm), Wis. Stats.
[Amended 4-25-2022]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C.
No person who has the care, custody, or control of any animal shall
allow or permit the animal to defecate upon property not owned or
controlled by such person, or without such other property owner's
consent. Any defecation on property not owned or controlled by such
person, or without such other property owner's consent, must be immediately
and properly removed. The Village hereby declares that no person who
has the care, custody, or control of any animal is permitted to allow
such animal to defecate upon any Village property.
No person shall own, keep, possess or harbor any animal within
the Village which by frequent or habitual howling, yelping, barking,
or wailing shall disturb other persons, provided that the provisions
of this section shall not apply to licensed animal hospitals operated
for the treatment of animals or to the premises used and occupied
by the Village for impounding animals.
A.
No person who owns, harbors or keeps any animal shall fail to provide
proper medical attention to such animal when and if such animal becomes
sick or injured. In the event that the owner of such animal cannot
be located, an enforcement official shall have the authority to take
custody of such animal for the purpose of seeing that it receives
medical treatment, and the owner thereof shall reimburse the costs
of such treatment.
B.
The operator of any vehicle involved in an accident resulting in
injury to or death of a dog, cat or other animal which appears to
be a pet shall immediately notify an enforcement official.
A.
The Village Board of the Village of Rothschild may contract with
or enter into an agreement with such person, persons, organization
or corporation to provide for the operation of a Village animal shelter,
impoundment of stray animals, confinement of certain animals, disposition
of impounded animals, and assisting in the administration of rabies
vaccination programs.
B.
The Village Board of the Village of Rothschild does hereby delegate
to any such animal control agency the authority to act pursuant to
the provisions of this chapter as an enforcement official.
The Village of Rothschild and/or its enforcement officials shall
not be liable to any person for the death, destruction, injury or
disease caused to any animal that has been impounded pursuant to this
chapter.
Every person, firm or corporation convicted of a violation of
any of the provisions of this article shall, for each offense, be
punished by a forfeiture not to exceed $50, together with the cost
of prosecution, and in lieu of payment and costs assessed shall be
imprisoned in the county jail for a term not to exceed 15 days.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm or corporation to possess with intent to sell or
offer for sale or buy or attempt to buy within the Village any of
the following animals, alive or dead, or any part or product thereof:
all wild cats of the family Felidae, polar bear (Ursus maritimus),
red wolf (Canis lupus rufus), sea otter (Enhydra lutris), Pacific
ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia
mydas) or Mexican ridley turtle (Lepidochelys kempii).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list by the United States Secretary of the Interior and published
in the Code of Federal Regulations pursuant to the Endangered Species
Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person, firm or corporation
shall import or cause to be imported into this Village any part of
the plumage, skin or dead body of any species of hawk, owl or eagle.
This subsection shall not be construed to forbid or restrict the importation
or use of the plumage, skin, body or any part thereof legally collected
for use by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding deferral permits or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state or by any person or organization licensed to present a circus.
C.
Prohibition on keeping wild animals. It shall be unlawful for any
person to keep, maintain or have in his possession or under his control
within the Village any poisonous reptile or any other dangerous or
carnivorous wild animal or reptile, any vicious or dangerous domesticated
animal or any other animal or reptile of wild, vicious or dangerous
propensities. Specifically, it shall be unlawful for any person to
keep, maintain or have in his possession or under his control within
the Village any of the following animals:
(1)
All poisonous animals, including rear-fang snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papio, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family, for
example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio camelus).
(21)
Piranha fish (Characidae).
(22)
Pumas (Felis concolor), also known as cougars, mountain lions
and panthers.
(23)
Rhinoceroses (Rhinocerotidae).
(24)
Sharks (class Chondrichthyes).
(25)
Snow leopards (Panthera uncia).
(26)
Swine (Suidae).
(27)
Tigers (Panthera tigris).
(28)
Wolves (Canis lupus).
(29)
Bees, wasps and hornets.
(30)
Poisonous insects.
(31)
Ferrets, skunks and raccoons.
D.
Exceptions. The provisions of Subsection C above shall not apply pursuant to § 823.08, Wis. Stats., or where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; zoological gardens; and state-licensed educational institutions, if:
(1)
Their location conforms to the provisions of the zoning ordinances
for the Village.
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
