Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 150-1 Authority.

The Town Board has the authority under its village powers under § 60.22, Wis. Stats., and the specific authority under § 60.23(30) and Chs. 173 and 174, Wis. Stats., to adopt this article.

§ 150-2 Definitions.

In this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ABANDONED
An owner has failed to pay the impoundment and care costs incurred by the Town, as specified in § 150-8, within seven days after receipt by an animal's owner of written notice from the Town Clerk that the animal is under the possession and care of the Town or its designated agents.
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 an animal within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said animal, shall be deemed to be upon the owner's premises.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded 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.
LEGAL PREMISES
The real property owned or occupied by the owner of an animal.
NEUTERED
An animal having nonfunctional reproductive organs.
OWNER
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 10 days; such person is presumed to be harboring or keeping the animal within the meaning of this article.
PET
An animal kept and treated as a pet.
STRAY DOG
A dog running at large whose owner is unknown.
TOWN
The Town of Herman in Dodge County, Wisconsin.
TOWN BOARD
The Board of Supervisors for the Town of Herman, Dodge County, Wisconsin, and includes designees of the Town Board authorized to act for the Town Board.
TOWN CLERK
The Clerk of the Town of Herman, Dodge County, Wisconsin.
UNTAGGED
A valid license tag is not attached to a collar that is kept on a dog whenever the dog is outdoors, unless the dog is securely confined by the owner in a fenced area or confined on the owner's legal premises.

§ 150-3 Rabies vaccination required for dogs.

A. 
Rabies vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the Town of Herman after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the Town unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
B. 
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Town stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control of the U.S. Department of Health and Human Services and the Town of Herman.
C. 
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog is revaccinated, whichever occurs first.
D. 
Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
E. 
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A of this section.
F. 
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
G. 
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
H. 
The Town Board may exempt the owner of a dog from the requirement to have the dog vaccinated against rabies for a year based on a letter from a veterinarian stating that vaccination is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regimen of therapy that the dog is undergoing. The owner shall provide a new letter for each year in which the owner seeks an exemption under this subsection.
[Added 1-12-2016 by Ord. No. 16-01]

§ 150-4 Dog license.

A. 
The 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, upon presentation of evidence that the dog is currently immunized against rabies, pay the dog license tax and obtain a license, except as follows:
(1) 
Dogs specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons are exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.
(2) 
Dogs that are kept only for educational or scientific purposes are not required to be licensed and are exempt from the dog license tax.
B. 
The Town Board shall annually by resolution set the amount of the dog license tax in accordance with § 174.05(2), Wis. Stats.
C. 
The license year commences on January 1 and ends on the following December 31.
D. 
A late fee as provided in § 174.05(5), Wis. Stats., shall be collected from every owner of a dog five months of age or over, if the owner fails 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 fails to obtain a license on or before the date the dog reaches licensable age. All late fees received or collected shall be paid into the Town treasury as revenue of the Town.
E. 
Issuance of license; tag.
(1) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 150-3 of this article, the Town Treasurer or his/her deputy shall complete and issue to the owner a license for such dog containing all information required by state law. The Town Treasurer or his/her deputy shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(2) 
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 150-3E.
(3) 
The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached. Each day that any dog within the Town of Herman continues to be unlicensed constitutes a separate offense for which a separate penalty applies.
F. 
Multiple dog/kennel licenses.
(1) 
Any person who keeps or harbors multiple dogs may, instead of the license tax for each dog required by this article, apply for a multiple dog license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax in accordance with the Town of Herman's current fee schedule for a kennel. Upon payment of the required multiple dog license tax and, if required by the Town Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Town Treasurer or his/her deputy shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept in the kennel or premises.
(2) 
The owner or keeper of multiple dogs shall keep at all times a multiple dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple dog license, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a multiple dog tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

§ 150-5 Rabies quarantine.

A. 
Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the district shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Town Clerk shall promptly post in at least three public places in the Town notices of quarantine.
B. 
Exemption of vaccinated dog or cat from Town quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Town quarantine provisions of Subsection A of this section if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C. 
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.
(1) 
Quarantine or sacrifice of dog or cat. A law enforcement, humane or animal control officer shall order a dog or cat 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 a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort 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.
(2) 
Sacrifice of other animals. A law enforcement, humane or animal control officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
D. 
Quarantine of dog or cat.
(1) 
Delivery to isolation facility or quarantine on premises of owner. A law enforcement, humane or animal control officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
(2) 
Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
(3) 
Risk to animal health.
(a) 
If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.
(b) 
If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.
(4) 
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.
E. 
Delivery of carcass; preparation; examination by Laboratory of Hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian. The veterinarian shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Town, the veterinarian which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.
F. 
Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Town, the Laboratory of Hygiene, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
G. 
Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination.

§ 150-6 Restrictions on keeping animals.

A. 
Except as provided in § 150-7, no person may do any of the following:
(1) 
Allow any animal owned by that person to run at large in the Town.
(2) 
Allow any animal owned by that person and required to be licensed or tagged to be unlicensed or untagged in the Town.
(3) 
Allow any animal owned by that person to be abandoned in the Town.
(4) 
Allow an animal or animals on the legal premises of its or their owner to continue to frequently or habitually howl, yelp, bark, or make other loud noises that serve to greatly annoy or disturb an adjacent owner or occupant of land or serve to greatly annoy or disturb any considerable number of persons within the Town, as determined by the Town Board, or its designees, after receipt of written notice from the Town Board, or its designees, to the owner of the animal or to the owner of the legal premises where the animal is kept that the noise from the animal or animals must be eliminated.
B. 
Restrictions. It shall be unlawful for any person within the Town of Herman to own, harbor or keep any dog, cat, fowl or other animal which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the Town.
(2) 
Assaults or attacks any person or destroys property.
(3) 
Kills, wounds or worries any domestic animal.
(4) 
Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
C. 
Vicious dogs and animals. For purposes of enforcing this subsection, 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 off the owner's premises. Any vicious animal which is found off the premises of its owner other than as hereinabove provided may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said animal, by testimony under oath reduced to writing, be killed by the law enforcement or animal control authorities.
D. 
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.

§ 150-7 Exemptions.

A. 
A dog that is actively engaged in the Town in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land in the Town that is open to hunting or on land for which the person has obtained permission to hunt or train a dog. Training may include dog trials or other dog-related outdoor events occurring in the Town when these events have been approved by the Town Board, or its designees.
B. 
A dog that is used by a law enforcement agency as defined in § 165.83(1)(b), Wis. Stats., in the Town to perform law enforcement functions is not considered to be running at large or untagged for purposes of this article.
C. 
A dog that is untagged and kept in the Town for educational or scientific purposes as determined by the Town Board shall not be considered untagged for purposes of this article.
D. 
A dog that is untagged and is kept in the Town for the blind, deaf, or mobility impaired as determined by the Town Board shall not be considered untagged for purposes of this article.

§ 150-8 Impoundment.

A. 
The Animal Control Officer of the Town shall attempt to capture and restrain any animal running at large or any untagged dog. The Town Board authorizes the following officers and employees to act under this subsection: Town Animal Control Officer, Town Chairperson, or Town Supervisors.
B. 
Any person, including Town officers and employees, may take into custody any animal running at large in the Town but shall timely deliver the animal to the Town Animal Control Officer at the Animal Control Officer's facility to provide care, treatment, or disposal of the animal.
C. 
Notice.
(1) 
If the identity of the owner of an animal taken into custody under this section is known or can be determined, the Town Clerk shall provide written notice to the owner that the animal is in the Town's custody and shall inform the owner that if the owner fails to claim the animal, have the animal properly tagged, if required, and pay the costs of impoundment and care incurred by the Town within seven days after receipt by the animal's owner, the animal will be considered abandoned. No animal in the custody of the Town shall be returned to the owner, or an agent of the owner, unless the animal is properly tagged, if required, and all custody, care, vaccination, and treatment costs incurred by the Town are fully paid by the owner or agent of the owner.
(2) 
If the identity of the owner of an animal taken into custody under this article is not known or cannot be determined with reasonable diligence, the animal shall be considered a stray.
D. 
Unclaimed stray dogs remaining in the custody of the Town for seven days and abandoned dogs remaining in the custody of the Town for seven days after issuance of the notice to the owner under Subsection C may be released to a person other than the owner, in accordance with § 173.23(1m)(a), Wis. Stats., euthanized under § 173.23(1m)(c), Wis. Stats., or released for scientific or research purposes under § 174.13, Wis. Stats.
E. 
The Town and its officers and agents shall comply with Chs. 173 and 174, Wis. Stats.
F. 
All persons in the Town shall fully cooperate with the Town regarding animals in the Town and shall answer frankly, fully, and truthfully all questions of the Town relative to animal ownership, possession, and keeping of animals within the Town.
G. 
Animal control agency.
(1) 
The Town of Herman may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.
(2) 
The Town of Herman does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.
H. 
Town not liable for impounded animals. The Town and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 150-9 Violations and penalties.

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this article shall, upon conviction, pay a forfeiture of $50 plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this article. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 150-10 Purpose; compliance required.

A. 
Purpose. It is the purpose and intent of the Town of Herman in adopting this article to protect the public safety, health and general welfare from the safety and health risks that the unregulated keeping or harboring of exotic animals can pose to the community and to protect the health and welfare of permitted exotic animals held in private possession. By their very nature, exotic animals are wild and potentially dangerous and, typically, do not adjust well to a captive environment. This article shall be liberally construed in favor of the Town's right and authority to protect the public health, safety and welfare.
B. 
Prohibition. It shall be unlawful for any person to own, possess, maintain, harbor, bring into the Town, have in one's possession, act as a custodian for, or have custody or control of an exotic animal, except in compliance with this article.

§ 150-11 Definitions and word usage.

The following definitions and terms shall be applicable in this article. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not permissive; the word "may" is nonmandatory and discretionary.
ANIMAL
Exotic animals.
ANIMAL CONTROL OFFICER
Law enforcement officers, the Zoning Administrator, Town Chairperson, animal control officers, humane society employees, or any other person designated by the Town of Herman to enforce or assist in the enforcement of this article.
ANIMAL SHELTER
Any premises designated or used by the Town for the purpose of impounding and caring for animals found in violation of this article or of any other Town ordinance regulating the keeping of and care of animals. Included within this definition are animal shelters whose services are secured by the Town through contract or intergovernmental agreement.
AT LARGE
An animal is at large when:
A. 
It is off the property of the owner and not properly confined or restrained in a manner such that the risk of uncontrolled or accidental contact by the animal with humans or domesticated animals has been minimized;
B. 
It is on the property of the owner but is improperly restrained or confined so as to pose a risk of leaving the property and having uncontrolled or accidental contact with humans or domesticated animals off of the owner's property; or
C. 
It is so improperly, inadequately or negligently restrained or confined on the owner's property as to pose a risk of potentially dangerous contact with humans or domesticated animals which come onto the owner's property.
ENCLOSURE or ENCLOSURE AREA
The indoor and/or outdoor area in which an animal is kept confined or restrained, including any structure(s) in which it is kept, confined or restrained.
EXOTIC ANIMAL (including United States Department of Agriculture dangerous animals)
Any animal, fowl, insect, or reptile that is not normally domesticated in Wisconsin or is inherently wild by nature. Exotic animals include, but are not limited to, any or all of the following orders, families and/or species, whether bred in the wild or in captivity, and also hybrids with domestic species. The animals, fowl, insects, and reptiles listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list nor to limit the generality of each group of animals, fowl, reptiles or insects.
A. 
Non-human primates and prosimians*, including chimpanzees (Pan); monkeys (Cercopithecidae); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus); and baboons (Papoi, Mandrillus).
B. 
Canidae*, excluding non-hybrid domesticated dogs, including wolves (Canis lupus); coyotes (Canis latrans); and all foxes and jackals.
C. 
Felidae*, excluding domesticated cats, including cheetahs (Acinonyx jubatus); jaguars (Panthera onca); leopards (Panthera pardus); lions (Panthera leo); lynxes (Lynx); pumas (Felis concolor), which are also known as cougars, mountain lions or panthers; snow leopards (Panthera uncia); tigers (Panthera tigris); and ocelots.
D. 
Ursidae*, including all bears.
E. 
Crocodilians (Crocodilia) 30 inches in length or more, including alligators, caimans, and crocodiles.
F. 
Proboscidea*, including elephants (Elephas and Loxodonta).
G. 
Hyaenidea*, including all hyenas.
H. 
Artiodactyla*, including hippopotami (Hippopotamidae) and giraffes (excluding camels, cattle, swine, sheep and goats).
I. 
Procyonidae, including coatis (raccoons excluded).
J. 
Marsupialia, including kangaroos (opossums excluded).
K. 
Perissodactyla*, including rhinoceroses (Rhinocero tidae) and tapirs, excluding horses, donkeys and mules.
L. 
Edentata, including anteaters, sloths and armadillos.
M. 
Viverridae, including mongooses, civets and genets.
N. 
Gamecocks and other fighting birds.
O. 
Varanidae, including only water monitors and crocodile monitors.
P. 
Any other type of dangerous or carnivorous wild animal, fowl, or reptile.
*
Species listed on the United States Department of Agriculture's dangerous species list.
HUMANE SOCIETY
The humane society of Dodge County or similar organization.
OWN/OWNER/OWNING
Any person, corporation, partnership, limited liability corporation, organization, association, joint venture, trust, or other legal entity who or which possesses, harbors, keeps, controls, boards, or has in his/her custody an exotic animal in the Town, and any officer, member, shareholder, director, employee, agent or representative thereof. Any animal is being harbored if it is being fed and/or sheltered by such party.
SOLID SURFACE
A surface constructed of cement, concrete, metal, asphalt, fiberglass or similar such hard, impervious surface.
TOWN
The Town of Herman, Dodge County, Wisconsin.
TOWN BOARD
The Town Board the Town of Herman and authorized committees and subunits thereof.

§ 150-12 Compliance with federal regulations.

A. 
Federal code requirements. 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 designated by the United States Secretary of the Department of Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
B. 
Regulation of the importation of birds. No person, firm or corporation shall import or cause to be imported into this Town 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 American Indian Nations for ceremonial purposes or in the preservation of their tribal customs and heritage.

§ 150-13 Exotic animal permit required; application procedure.

A. 
Sale, importation, transfer, purchase and/or gifting of an exotic animal. It shall be unlawful for any person to:
(1) 
Import, transfer, sell, own, or purchase an exotic animal in the Town without first obtaining a permit from the Town Board as prescribed by this article, unless exempt from such permit requirement.
(2) 
Sell, transfer, deliver, or give an exotic animal to any other person in the Town without first obtaining a permit from the Town Board as prescribed by this article, unless exempt from such permit requirement.
B. 
Keeping, harboring, maintaining or controlling an exotic animal. It shall be unlawful for any person in the Town to own, keep, maintain, harbor, board, or control an exotic animal without first obtaining a permit from the Town Board as prescribed by this article, unless exempt from such permit requirement.
C. 
Exceptions to exotic animal permit requirement. The exotic animal permit requirements of this article shall not apply to:
(1) 
Institutions accredited by the American Association of Zoos and Aquariums.
(2) 
State-licensed humane societies.
(3) 
Animal control or law enforcement officers acting in an official capacity.
(4) 
State-licensed veterinary hospitals or clinics.
(5) 
Persons holding a scientific collector's permit issued by the Wisconsin Department of Natural Resources.
(6) 
Any person, company or organization presenting a transient or itinerant circus or carnival operating within the Town 10 days or less per year and holding all other required Town, county and state permits and/or licenses.
(7) 
Wildlife rehabilitators licensed by the Wisconsin Department of Natural Resources who temporarily keep, nurture, rehabilitate, and care for exotic animals which are injured or in need of rehabilitation, with the primary purpose of returning such animals to the wild. No animal may be kept under this exception for a period of more than 90 days. No animal may be kept under this exception that poses a danger to the community or domestic animals.
(8) 
State-licensed or accredited research or medical institutions.
(9) 
Any person temporarily transporting an exotic animal through the Town if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping.
D. 
Application; required application information. An applicant for an exotic animal permit shall file an application with the Town Clerk containing the following information:
(1) 
Basic application information. The applicant shall file the following information at the time of application filing:
(a) 
The name, address, and telephone number of the applicant.
(b) 
A description of each exotic animal the applicant possesses, or seeks to possess, including the scientific name, common name, sex, age, color, weight and any distinguishing marks or coloration that would aid in the identification of the animal.
(c) 
A photograph of each exotic animal.
(d) 
A description of the exact location and confinement facilities where the exotic animal will be kept.
(e) 
The name, address, and telephone number of the person from whom the applicant obtained the exotic animal, if known.
(f) 
The name and address of the veterinarian providing veterinary care to the exotic animal and a certificate of good health for the exotic animal from that veterinarian.
(g) 
A plan for the prompt and safe recapture of the exotic animal if the exotic animal escapes. Each applicant/permittee shall have a plan for the quick and safe recapture of the exotic animal if the animal escapes and, if recapture is impossible, then a plan for the destruction of the exotic animal.
(h) 
In the case of exotic animals included on the United States Department of Agriculture's dangerous animal list, proof of having obtained a minimum of one year's paid in full liability insurance in an amount not less than $2,000,000 for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the exotic animal. (Failure to at all times keep such liability insurance in full force and effect during the life of the permit shall immediately terminate the validity of such permit; it is the responsibility of the permittee to immediately notify the Town Clerk, in writing, of any changes in his/her insurance status, validity or carrier.) The Town of Herman shall be listed as a co-insured solely for the purpose of notice of cancellation of such insurance policy.
(i) 
Copies of all United States Department of Agriculture, United States Department of the Interior, Wisconsin Department of Natural Resources, and any other state or federal permits/licenses issued to the applicant approving of or governing the applicant's possession of the species for which a Town exotic animal permit is being sought.
(j) 
Exotic animal permit application fee in the amount per animal prescribed by the Town's current fee schedule.
(k) 
Any other information required by Town authorities to properly consider the application.
(2) 
Certified information. The applicant shall certify in writing that:
(a) 
The applicant is 18 years of age or older.
(b) 
The applicant has not been convicted of or found responsible for violating a local or state law prohibiting cruelty, neglect, or mistreatment of animals or has not within the last 10 years been convicted for possession, sale or use of illegal narcotics or controlled substances.
(c) 
The facility and the conditions in which the exotic animal will be kept are in compliance with this article and all other applicable state and local regulations.
(d) 
The applicant has regularly provided veterinary care to the exotic animal when needed and will provide such care in the future.
(e) 
Proof that a licensed veterinarian has spayed or neutered the exotic animal.

§ 150-14 Permit issuance and conditions; renewal, revocation or transfer of permit.

A. 
Consideration of application. Upon receipt of the application, application fee and all of the information required by § 150-13D above, the Town Clerk shall schedule consideration of the application before the Town Board, duly noticing the consideration of the application on the notice/agenda for such meeting in compliance with the Wisconsin Open Meeting Law.[1] All neighboring property owners and residents located within 300 feet of the applicant's property shall receive written notice of the meeting at which the application is to be considered by the Town Board a minimum of seven days prior to the meeting date.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Town Board action. Upon consideration of the application, the Town Board may issue an exotic animal permit if the Board is satisfied that:
(1) 
All of the application and insurance requirements required by § 150-13D and Subsection D of this section have been fully satisfied;
(2) 
The applicant has provided credentials, satisfactory to the Town Board, establishing that the applicant/owner is properly trained to handle, care for, restrain, and recapture the type of animal for which the permit application is being made;
(3) 
The applicant has provided either application information or oral testimony at the application review meeting demonstrating ownership of, and training and proficiency with, tranquilizing and restraint equipment that is species appropriate, to the satisfaction of the Town Board, and shall demonstrate adequate training and certification in first aid and CPR;
(4) 
The exotic animal and the manner in which it will be kept will be fully in compliance with the requirements of this article and that the animal will be kept in such manner so as not pose a threat to public safety and health;
(5) 
The applicant has demonstrated that the animal will be kept in a humane manner consistent with this article and all other applicable federal and state standards; and
(6) 
The site is properly zoned for such use.
C. 
Validity.
(1) 
A copy of the exotic animal permit shall be displayed, in plain view, on or reasonably near the animal's confinement area.
(2) 
An exotic animal permit is not transferable without reapplication under this article.
(3) 
Permits for each exotic animal shall be valid for one year. The permit year shall commence on January 1 or as soon thereafter as officially issued and expire on December 31 of that year.
(4) 
In addition to the application fee under § 150-13D, the fee for an annual exotic animal permit, or renewal thereof, shall be as prescribed in the Town's current fee schedule for each exotic animal.
D. 
Permit renewal; issuance criteria.
(1) 
Exotic animal permit renewal applications shall be submitted to the Town Clerk on or before November 15 of the permit year.
(2) 
Along with each permit renewal application, the applicant shall submit the required renewal fee, a current certificate of good health for the animal(s), update in full all information required for the original permit, and provide proof of the required continued paid-up liability insurance (such proof of insurance shall be no more than 30 days old).
(3) 
The Town Board shall consider renewals in the same manner as with the issuance of original permits.
(4) 
The Town Board shall not issue or renew a permit if it determines that:
(a) 
The applicant has been convicted of cruelty to animals within the previous 10 years;
(b) 
The applicant has failed to provide, withheld or falsified any required permit application or renewal information; or
(c) 
The applicant is, or has been, unable to comply with the requirements necessary to obtain a permit or has failed to comply with the provisions of this article at any time during the permit year.
E. 
Permit revocation. The Town Board may revoke a permit for violation of this article after giving written notice of the reasons for revocation to the permit holder. The Town shall give the permittee notice, by certified mail with receipt requested, of intent to consider revocation of the exotic animal permit. The Town shall give the permittee an opportunity to respond to the notice and address the issues identified at an open, noticed Town Board meeting, after which the Town Board shall make its determination, with the reasons therefor included in the record of the Board's meeting.
F. 
Permit transfer. If an owner can no longer properly care for his/her exotic animal, that person may only transfer his/her exotic animal to another person who has been issued a valid exotic animal permit by the Town Board. An owner/permittee shall notify the Town Clerk of any changes central to the validity of the permit, including the death of the exotic animal.

§ 150-15 Confinement standards for exotic animals.

A. 
Prohibited confinement. An exotic animal shall not be tethered, leashed, or chained outdoors, or allowed to run at large.
B. 
Confinement standards.
(1) 
All exotic animals governed by this article shall be confined in a building or secure enclosure that has a floor, a secure roof and sides, constructed and maintained so as to securely confine the animal and provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of animal debilitation, stress, abnormal behavior patterns, or the professional opinion of a veterinarian, a qualified animal trainer, or experts from the United States Department of Agriculture (USDA), United States Department of the Interior, or Wisconsin Department of Natural Resources.
(2) 
For each exotic animal, the permittee shall comply with the minimum guidelines for animal care and maintenance of the American Association of Zoos and Aquariums or the USDA's standards for the humane handling, care and treatment of exotic animals [9 CFR Subchapter A (Animal Welfare, Part 3)], whichever is more restrictive. These standards shall provide the basis against which to assess the sufficiency of space or facility for animals for which a permit is sought or held.
(3) 
The Town recognizes that exotic animals typically require extra care in the provision of confinement and care due to the climate and conditions of their original place of origin.
C. 
Minimum outdoor area standards.
(1) 
The outdoor area of an exotic animal's enclosure shall, at a minimum:
(a) 
Have two sets of wire enclosures with a minimum of four inches of separation between them.
(b) 
Have the sides of the wire enclosure extend downward and be buried a minimum of 12 inches below ground.
(c) 
Incorporate a roof design with independent fencing separate from and located between the roof and floor of the enclosure so as to prevent escape in the event high winds damage the roof over the enclosure.
(d) 
Have a floor with a minimum six-inch perimeter of breaker rock-grade aggregate around the borders of the enclosed area and a minimum five-inch uniform depth of Class Five gravel for the floor, or a floor with a minimum four-inch uniform depth of concrete or asphalt over the remainder of the enclosure floor.
(e) 
Be provided with shelter that allows the exotic animal, if kept outdoors, to remain dry and warm during snow/sleet/rain.
(2) 
In the alternative, the applicant shall present to and secure approval from the Town Board for an alternative outdoor confinement system that substantially complies with the safeguards of this article.
(3) 
In addition to the structural requirements of the exotic animal's outdoor enclosure, the permittee shall:
(a) 
Ensure that the outdoor area is maintained in a safe and healthful manner;
(b) 
Keep the outdoor area free of standing water, accumulated waste, and debris;
(c) 
Ensure that sufficient shade, by natural or artificial means, is available when the animal is outdoors; and
(d) 
Maintain the structural soundness of the outdoor structure in good repair to protect the exotic animal from injury and to prevent escape.
D. 
Minimum indoor area standards.
(1) 
The indoor area of an exotic animal's enclosure shall:
(a) 
Be an insulated, moisture-proof and windproof structure of adequate area to accommodate the need of the animal for adequate freedom of movement;
(b) 
Contain a solid floor of no less than four inches thick to prevent the animal from escaping;
(c) 
Incorporate a roof design with independent fencing separate from and located between the roof and floor of the enclosure so as to prevent escape in the event high winds blow off the roof over the enclosure;
(d) 
Locate the entrance to the building in which the animal is housed facing away from prevailing winds; and
(e) 
Have a self-closing door over the human and animal entryway during the winter months to protect the animal from cold temperatures.
(2) 
In addition to the structural requirements of the animal's indoor enclosure area, the owner of an animal shall:
(a) 
Ensure that the indoor enclosure area remains at an ambient temperature that will maintain the good health of the exotic animal;
(b) 
Provide proper ventilation of the indoor structure by natural or mechanical means to provide fresh air for the animal and to prevent moisture condensation;
(c) 
Ensure that the animal has natural or artificial lighting and adequate heat and ventilation to properly provide for the health of the animal at all times;
(d) 
Ensure that the animal has proper bedding in sufficient quantity for insulation against the cold and dampness and that it is changed regularly; and
(e) 
Maintain the indoor enclosure area in good repair to protect the animal from injury and to prevent escape.

§ 150-16 Notification signs.

All owners/permittees of an exotic animal(s) shall have continuously posted and displayed at each normal entrance onto the premises where an exotic animal is kept a conspicuous sign, clearly visible, and easily readable by the public, warning that there is an exotic animal on the premises. At least one such sign shall be located within 20 feet of the animal's confinement area using the words "BEWARE OF __________" with the last word to indicate the type of exotic animal that is being confined. In addition, the permittee shall conspicuously display a sign with a warning symbol that adequately informs children of the presence of an exotic animal.

§ 150-17 Escape and liability for escape.

A. 
Notification of escape.
(1) 
An owner/permittee shall immediately notify the Town Chairperson, local humane society, the Town's Animal Control Officer and the County Sheriff's Department of the escape of any exotic animal for which a permit is required.
(2) 
No person may intentionally release an exotic animal. If an exotic animal is released by any party, authorized or unauthorized, the owner/permittee is liable for all expenses associated with efforts to recapture the animal and may, in addition, be subject to a forfeiture.
B. 
Liability.
(1) 
The owner/permittee shall be liable for all costs incurred by any public authority or its agents and resulting from the escape of any animal for which a permit is required, including boarding, placement, veterinarian and legal fees.
(2) 
Neither the Town nor any agent of the Town shall be liable for the loss, death, injury or destruction of any animal for which a permit is required, nor shall the Town be liable for any injury or damage caused by any animal for which a permit is required and issued under this article.

§ 150-18 Inspection.

The owner/permittee of an exotic animal, at all reasonable times, shall allow designated inspectors of the Town, humane officers and law enforcement authorities to enter the premises where the animal is kept to ensure compliance with this article as a condition of permit issuance. Town representatives shall conduct a minimum of three periodic, unannounced inspections of the outdoor and indoor enclosure areas per twelve-month period for USDA-designated dangerous exotic animals and a minimum of one such unannounced inspection per twelve-month period for non-dangerous exotic animals, to ensure that said areas are being maintained in the manner required by this article.

§ 150-19 Restraint and impoundment.

A. 
Animals at large may be impounded.
(1) 
All exotic animals shall be kept confined or under proper restraint by their owners as provided herein and shall not be permitted to run at large. Unrestrained exotic animals and animals running at large may be taken into custody in accordance with Ch. 173, Wis. Stats., and impounded at any facility deemed appropriate for the protection of the public and with facilities and equipment that permit the facility to adequately care for the animal. Such animals shall be considered to be abandoned.
(2) 
Law enforcement authorities, designees of the Town Board, humane officers or law enforcement officers, upon receipt of information indicating probable cause of a violation of this article, may in their discretion, and after investigation, seize and impound an animal in emergency situations or where previous written notice has failed to produce compliance and when otherwise authorized by law.
B. 
Failure to reclaim; costs.
(1) 
If an owner fails to reclaim an exotic animal within seven days of taking the animal into custody, the Town Board shall consider the animal to be unclaimed, as authorized by § 173.23(1m), Wis. Stats., and shall take such steps as authorized by law. The Town may contact the American Association of Zoos and Aquariums for further assistance.
(2) 
The animal's owner is liable for the costs of capture, care and placement for the exotic animal from the time of confiscation until the time of return to the owner, until the animal is disposed of, or until the time the animal has been relocated to an approved facility, such as a proper wildlife sanctuary.
(3) 
If an exotic animal is confiscated due to the animal being kept in contravention of this article, the animal's owner is required to post a security bond or cash deposit with the Town and/or animal control authority in an amount sufficient to guarantee payment of all reasonable costs expected to be incurred in caring and providing for the animal, including but not limited to the estimated cost of feeding, medical care, and housing for at least 30 days. The posting of the bond or cash deposit shall not prevent the Town or animal control authority from disposing of the animal as permitted by law at the end of the 30 days.
(4) 
An exotic animal may be returned to its owner only if, to the satisfaction of the Town Board, the possessor has a valid Town exotic animal permit, has corrected the conditions resulting in the confiscation, and has paid in full the cost of placement and care of the animal while under the care and control of the Town or humane society.
(5) 
If the owner of a confiscated exotic animal cannot be located or if a confiscated animal remains unclaimed, the Town or humane society may, at its discretion, contact an approved facility, such as an institution accredited by the American Association of Zoos and Aquariums, allow the animal to be adopted by a party who can satisfy the permit requirements of this article, or may euthanize the animal as permitted by law.
(6) 
If an escaped exotic animal cannot be recaptured safely and is posing a threat to public health and safety, authorities may euthanize the animal as permitted by law.

§ 150-20 Animal care.

A. 
Food and water. No owner shall fail to provide an exotic animal in his/her care with sufficient food, potable water, or shelter when needed.
B. 
Humane treatment. No person shall ill treat, beat, torment or otherwise abuse an exotic animal.

§ 150-21 Incidents causing injury.

A. 
Notification. All incidents in the Town in which an exotic animal injures or is suspected of injuring any person or domesticated animal shall be reported by the permittee to the Town Chairperson or Town Clerk within two hours of the incident.
B. 
Liability. The owner of an exotic animal shall be responsible for all expenses incurred as a result of an injury inflicted or suffered by an exotic animal, whether expenses are incurred by the family of the victim, the victim, the Town or on behalf of the animal involved.

§ 150-22 Sanitation.

A. 
Fecal matter; odor. Any person who owns, harbors, keeps, or controls an exotic animal shall be responsible for keeping his/her property properly clean of fecal matter and to keep obnoxious odors under control.
B. 
Waste disposal. Disposal of all animal waste shall be in a manner that is consistent with normal agricultural practices and adequately protects human and animal health.

§ 150-23 Limitation on number of exotic animals.

No person shall own, harbor or keep in his/her possession on any one parcel of property more than two exotic animals over five months of age at any one time, nor shall any person retain a litter/offspring, or portion thereof, of exotic animals longer than five months following birth.

§ 150-24 Effect on existing owners; enforcement.

A. 
Transition period.
(1) 
As a measure deemed necessary by the Town Board to protect the public safety, health and welfare, this article shall apply to owners of exotic animals in the Town and who possess, harbor, board or keep an exotic animal(s) on the effective date of this article.
(2) 
All such existing exotic animal owners shall file with the Town Clerk the location, species, gender and age of each such exotic animal within 30 days of the effective date of this article.
(3) 
All such existing exotic animal owners shall comply with this article, including applying for an exotic animal permit, within 90 days of the effective date of this article.
(4) 
An exotic animal permit may be issued by the Town Board under the standards and procedures of this article. Failure to apply for, and be granted, an exotic animal permit shall result in the animal being removed from its owner by the Town, or its designees, within six months of the effective date of this article.
B. 
Enforcement. The Town Chairperson, with the assistance of the humane society and other law enforcement authorities, and such veterinarian assistance as may be needed, shall be primarily responsible for the enforcement of this article. The Town Board may appoint additional persons as may be necessary to assist with the enforcement of this article.

§ 150-25 Wolf/dog hybrid regulation and confinement.

The provisions of this section address the unique public health and safety concerns involved with the keeping of wolf/dog hybrids.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CANINE ANIMAL
Includes all members of the family Canidae except foxes.
COYOTE
Canis latrans.
DINGO
Canis dingo.
DOMESTICATED DOG
Canis familiaris.
JACKAL
Canis aurens.
WOLF
Includes both Canis lupus and Canis niger.
WOLF/DOG HYBRID
Any cross-breed resulting from the mating of a domesticated dog and a wolf, coyote, jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog.
B. 
Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Town of Herman any wolf/dog hybrid which has not been registered pursuant to Subsection J below. This prohibition shall not apply to animals being transported through the limits of the Town of Herman within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Town of Herman before it has reached the age of five months. Wolf/dog hybrids permitted in the Town of Herman shall be confined as set forth in this section.
C. 
Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Town of Herman which has not been registered, that person shall remove said animal from the Town of Herman until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, said animal may be impounded as directed by the Town Board until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection J, it shall be removed from and not returned to the Town of Herman.
D. 
Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the Town of Herman, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:
(1) 
The first enclosure shall be constructed of not less than nine-gauge galvanized chain-link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.
(2) 
The first enclosure shall extend to a height of not less than eight feet and shall be surrounded from ground level to a height of not less than four feet by one-fourth-inch galvanized mesh screening.
(3) 
The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain-link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.
(4) 
The second enclosure shall consist of a securely anchored fence at least eight feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet to any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision, except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain-link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.
(5) 
Both enclosures shall be kept locked with case-hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.
(6) 
Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.
(7) 
The above-described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept, as defined in Chapter 384, Zoning, of this Code.
E. 
Transportation and muzzling of animals. A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with one-fourth-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided that they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration but will prevent it from biting any person or animal.
F. 
Right of inspection. To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the Town shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.
G. 
Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.
H. 
Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.
I. 
Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within the Town of Herman.
J. 
Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in the Town of Herman shall annually, on or before January 30 of each year, register such animal and provide a current color photograph of such animal with the Town Clerk's office and pay an annual registration fee as prescribed in the Town's current fee schedule. At the time of registration, each owner of any wolf/dog hybrid kept within the Town limits shall provide to the Town Clerk proof of liability insurance in the amount of at least $1,000,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the Town of Herman as co-insured solely for the purpose of notice of cancellation of such insurance policy.
K. 
Warning sign. The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: "WARNING — WOLF/DOG HYBRIDS PRESENT." One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required above.

§ 150-26 Violations and penalties.

The following penalties shall apply to all violations of this article, including § 150-25 governing wolf/dog hybrids:
A. 
Forfeiture. Any person who fails to comply with the provisions of this article shall, upon adjudication of the violation, be subject to a forfeiture of not less than $100 nor more than $500 per violation, plus the costs of prosecution and any assessments and expenses related to enforcement authorized elsewhere in this article. Each day of violation shall constitute a separate offense. This penalty is in addition to any other remedies for noncompliance set forth elsewhere in this article.
B. 
Interference with enforcement. It is unlawful for a permittee/owner or any other person harboring, keeping, boarding or maintaining an exotic animal to fail to comply with the provisions of this article and/or for any person on the permittee's premises to interfere with the enforcement or administration of this article.