In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warmblooded animal normally raised on farms in the United
States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
NEUTERED
A dog or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this definition.
PET
An animal kept and treated as a pet.
RESIDENTIAL LOT
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted, and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
RESTRAIN
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors, unless the dog is securely
confined in a fenced area.
[Amended 5-5-2014 by Ord.
No. 406]
The Village Clerk-Treasurer shall assess and collect a late
fee as set by the Village Board from every owner of a dog five months
of age or over if the owner failed to obtain a license prior to April
1 of each year or within 30 days of acquiring ownership of a licensable
dog or if the owner failed to obtain a license on or before the dog
reached licensable age. Said late fee shall be charged in addition
to the required license fee.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
[Amended 10-28-2002 by Ord. No. 363; 5-5-2014 by Ord. No. 406; 6-7-2021 by Ord. No. 428]
A. Authorization. This section is enacted pursuant to the general police
power and the authorities granted to villages by the Wisconsin State
Constitution and § 61.34, Wis. Stats., and specifically
adopts the provisions of §§ 174.052, 174.06 and 174.07,
Wis. Stats.
B. Purpose and intent. The purpose of this section is to promote the
public health, safety, and general welfare of the citizens of the
Village of Randolph. It is intended to be applicable to dangerous
or vicious dogs, as defined herein, and to regulate such dogs by requiring
responsible handling by their owners through registration, confinement,
and liability insurance.
C. Appointment and duties of humane officers. The Village President
shall appoint, subject to confirmation and approval by the Village
Board, three suitable residents of the Village of Randolph who are
not employees or officers of the Village to be known as "humane officers,"
who shall hold this office for an indefinite period. The humane officers
shall be supervised by the Chief of Police and shall be utilized on
an on-call basis to serve in that capacity.
D. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DANGEROUS DOG
Any dog which is capable of inflicting death or serious injury
on a person or another animal and which has:
(1)
Without provocation, attacked or bitten a person engaged in
a lawful activity;
(2)
While off the property of its owner and without provocation,
killed or seriously injured another animal;
(3)
Without provocation, chased, confronted or approached a person
on a street, sidewalk or other public property in a menacing fashion
such as would put an average person in fear of attack;
(4)
Exhibited a propensity, tendency or disposition to attack, cause
injury or threaten the safety of persons or other animals without
provocation; or
(5)
Acted in a manner that causes or should cause its owner to know
that it is potentially vicious.
OWNER
Includes any person having a right or property in a dog,
and any person who keeps or harbors a dog or has it in his care, or
who acts as its custodian, and any person who permits a dog to remain
on or about any premises occupied by him.
VICIOUS DOG
Any dog which has:
(1)
Caused death or serious injury to a person engaged in a lawful
activity;
(2)
On two or more occasions within a twelve-month period, attacked
or bitten, without provocation, a person engaged in a lawful activity;
(3)
On two or more occasions within a twelve-month period, while
off the property of its owner and without provocation, killed or seriously
injured another animal; or
(4)
Been trained for dog fighting or is owned or kept for the purpose
of dog fighting.
E. Confinement.
(1) Except when leashed and muzzled as provided in this section, a dangerous
dog shall be securely confined in a locked pen or other secure enclosure
that is suitable to prevent the entry of children and is designed
to prevent the animal from escaping. The enclosure shall include shelter
and protection from the elements and shall provide exercise room,
light and ventilation. The enclosed structure shall be kept in a clean
and sanitary condition.
(2) If kept indoors, no dangerous dog shall be kept on a porch, patio
or in any part of the house or structure that would allow the dog
to exit such building on its own volition. In addition, no dangerous
dog shall be kept in a house or structure when the window screens
or screen doors are the only obstacle preventing the dog from exiting
the structure.
F. Leash and muzzle. No person shall permit a dangerous dog to go outside
its kennel or pen unless such dog is securely leashed with a leash
no longer than four feet in length. No person shall permit a dangerous
dog to be kept on a chain, rope or other type of leash outside its
kennel unless a person is in physical control of the leash. Such dog(s)
may not be leashed to inanimate objects such as trees, posts, buildings,
etc. In addition, all dangerous dogs on a leash outside the animal's
kennel or pen must be muzzled by a muzzling device sufficient to prevent
such dog from biting persons or other animals. Such muzzle shall not
interfere with the dog's breathing or vision.
G. Prohibitions and limitations. It shall be unlawful for any person
to keep within the Village limits:
(1) Any vicious dog. Upon finding that a dog is vicious, the Chief of
Police and humane officers must order the dog to be impounded and
destroyed or to be removed from the Village.
(2) Any dangerous dog, except in compliance with the requirements set
forth in this section.
H. Complaints of dangerous and vicious dogs; processing of complaints.
(1) Any person may make a verbal or written complaint to the Randolph
Police Department of a dog that the complainant believes to be dangerous
or vicious. The complaint shall include sufficient information to
enable the Chief of Police to ascertain the location and owner of
the dog and shall also include the reasons why the complainant believes
the dog to be dangerous or vicious. In the case of a verbal complaint,
the Chief of Police shall put the complaint in writing. A copy of
the complaint shall then be mailed by certified mail or delivered
by personal service to the owner of the dog at the owner's last known
address.
(2) Within 10 days of the making of the complaint, the Chief of Police
and humane officers shall undertake an investigation to determine
whether the dog identified in the complaint is dangerous or vicious.
Such investigation shall include an opportunity for the owner of the
dog to present evidence to the Chief of Police and humane officers
pertinent to the dangerousness or viciousness of the dog and may include
interviews with the complainant and other person(s) having personal
knowledge regarding the dog and observations of the dog in its normal
habitat.
(3) Upon completion of the investigation, the Chief of Police and humane
officers shall determine whether the dog identified in the complaint
is dangerous or vicious.
(a)
If the Chief of Police and humane officers determine that the
dog is neither dangerous nor vicious, the Chief of Police shall inform
the complainant and the owner of the determination, and no further
action shall be taken on the complaint.
(b)
If the Chief of Police and humane officers determine that the
dog is vicious, the Chief of Police shall put the determination in
writing, as well as the reasons supporting it. The Chief of Police
shall then personally serve this written determination on the owner
and, in addition, shall notify the owner that the dog must be destroyed
or removed from the Village. The Chief of Police may issue a summons
or warrant against the owner of a vicious dog and immediately impound
the dog.
(c)
If the Chief of Police and humane officers determine that the
dog is dangerous, the Chief of Police shall put the determination
in writing, as well as the reasons supporting it. The Chief of Police
shall then personally serve this determination on the owner and, in
addition, shall notify the owner of the requirements to keep a dangerous
dog in the Village as provided in this section.
I. Requirements
for keeping a dangerous dog within the Village of Randolph limits.
Upon receipt of a determination by the Chief of Police and humane
officers that a dog is dangerous, the owner may keep the dog within
the Village only so long s the owner complies with the requirements
set forth in this section. The requirements are as follows:
(1) That
the owner obtains a permit from the Chief of Police and pays a yearly
permit fee as set by the Village Board. This permit shall be obtained
immediately upon determination and renewed each year thereafter. The
owner also shall provide the Village Clerk-Treasurer with two color
photographs of the dog clearly showing the color and approximate size
of the dog.
(2) That
the owner, within five days of the determination, provide proof to
the Village Clerk-Treasurer of public liability insurance in a single
incident amount of $50,000 for bodily injury to or death of any person
or persons or for damage to property owned by any persons which may
result from the ownership, keeping or maintenance of such animal.
Such insurance policy shall provide that no cancellation of the policy
will be made unless 10 days' written notice is first given to the
Village Clerk-Treasurer.
(3) That
the owner immediately notify the Chief of Police in the event the
dog is loose and unconfined, has attacked or injured a human being
or another animal, has been sold or given to another person (must
supply name and address of new owner), or has died.
(4) That the dog, while on the property of the owner, be confined indoors or in a securely enclosed and locked structure, suitable to prevent the entry of children and designed to prevent the dog from escaping. (See Subsection
E.)
(5) That
the owner, immediately upon determination, displays in a prominent
place on his premises a sign easily readable by the public using the
words "beware of dog." In addition, a similar sign is required to
be posted on the kennel or pen of such animal.
(6) That the dog, while outside its kennel, pen or indoor confinement, be leashed and muzzled as per Subsection
F.
J. Failure to comply. It shall be unlawful for the owner, keeper or harborer of a dangerous dog registered with the Village to fail to comply with the requirements and conditions set forth in this section. If a vicious dog is not removed from the Village or if a dangerous dog is not dealt with by the owner pursuant to the requirements of Subsection
I, due to such failure on the part of the owner, the Police Department shall impound the dog and have the dog humanely destroyed. All costs of such impoundment and humane destruction shall be assessed to the owner of the dog and the owner of the dog shall be subject to a forfeiture of not less than $25 per day nor more than $250 per day during the period of violation.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
[Amended 7-2-2007 by Ord. No. 377]
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood or in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. The owner of a dog
or cat is considered to be in violation of this section when two formal
complaints are filed with the Police Department. Upon receiving the
first complaint, the Police Department will investigate said complaint
and, if sufficient basis is found, the Police Department will then
contact the owner of the dog or cat, making the owner aware of the
complaint, and a report will be filed at the police station. Second
and subsequent complaints will result in a citation being issued to
the owner of the dog or cat.
[Amended 5-5-2014 by Ord.
No. 406]
No person, except a law enforcement officer or animal control
officer in the pursuit of his duties, shall, within the Village, shoot
or kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
It shall be unlawful for any person to establish or maintain
any hive, stand or box where bees are kept or keep any bees in or
upon any premises within the corporate limits of the Village unless
the bees are kept in accordance with the following provisions:
A. No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
B. If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
C. Fresh, clean watering facilities for bees shall be provided on the
said premises.
D. The bees and equipment shall be kept in accordance with the provisions
of state law.
E. A conditional use permit shall first be obtained pursuant to Chapter
375, Zoning, of this Code.
No Vietnamese potbellied pigs shall be allowed in the Village.