[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
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)]
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 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.
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.
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.
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.
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.
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.
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.