[Adopted 11-17-2014 by Ord. No. 2014-05]
The purpose of this article is for the City of Lancaster to
regulate by permit and penalty the possession, display, sale, purchase,
and exhibition of certain harmful wild animals and exotic or wild
animals in the City.
The City of Lancaster has the specific authority under § 169.43,
Wis. Stats., to adopt this article.
As used in this article, the following terms shall have the
meanings indicated:
Domestic cattle and American bison of any age or sex.
Any of the various animals of the domesticated genus Bos.
A member of the family of animals that includes deer, elk,
moose, caribou, reindeer, and the subfamily musk deer. "Cervid" includes
all farm-raised deer.
A scheduled event staged by a traveling company with mobile
facilities in which entertainment consisting of a variety of performances
by acrobats, clowns, or trained animals is the primary attraction
or principal business.
The City Clerk/Treasurer of the City of Lancaster, Wisconsin.
Any of the following:
Domesticated cats of the subspecies Felis silvestris catus.
Domesticated dogs of the subspecies Canis lupus familiaris.
Rodents kept in cages, aquariums, or similar containers, including
gerbils, hamsters, guinea pigs, and white mice.
Fish kept in aquariums or self-contained bodies of water and
farm-raised fish, except fish that have been released to waters of
the state.
Farm-raised deer that are kept by a person registered under
§ 95.55, Wis. Stats.
Livestock.
Poultry.
Farm-raised game birds, except farm-raised game birds that have
been released to the wild.
Ratites.
Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit,
or caracul that are born, bred, and raised in captivity and are not
endangered or threatened species.
Pet birds.
Any other animal listed as a domestic animal by rule by the
State of Wisconsin, Department of Agriculture, Trade and Consumer
Protection.
A horse, mule, zebra, donkey, or ass.
Any animal that is not a domestic animal and specifically
includes all of the following:
Nonhuman primates and prosimians, including chimpanzees and
monkeys.
Felids, except domesticated cats of the subspecies Felis silvestris
catus, including lions, tigers, and other felids generally referred
to as big cats.
Canids, except domesticated dogs of the subspecies Canis lupus
familiaris, including foxes not born, bred, and raised in captivity,
and all wolves, coyotes, and wolf hybrids.
Ursids, including all bears.
Elephants.
Crocodilians, including alligators and crocodiles.
Marsupials, including kangaroos, wallabies, and opossums.
Hippopotami.
Rhinoceroses.
Hyenas.
Mustelids, except domestic ferrets, including skunks, otters,
and badgers.
Procyonids, including raccoons and coatis.
Dasypodidae, including anteaters, sloth, and armadillos.
Viverrids, including mongooses, civets, and genets.
Reptilia over three feet in length, including boa constrictors,
pythons, and any other snakes.
Venomous reptilia.
Cervids, except farm-raised deer that are kept by a person registered
under § 95.55, Wis. Stats.
Camelids, except South American camelids.
A captive cervid, but includes a noncaptive cervid that has
an ear tag or other mark identifying it as being raised on a farm.
"Farm-raised deer" does not include a cervid kept by an institution
accredited by the Association of Zoos and Aquariums.
A captive bird of a wild nature that is not native. "Farm-raised
game bird" does not include poultry or ratites, or birds kept pursuant
to a license issued under § 169.15, 169.19, 169.20, or 169.21,
Wis. Stats.
Members of the family ursidae, commonly knows as bears, the
species Felis concolor, commonly known as cougars, and any other animal
designated as a harmful wild animal under Wisconsin Statutes, or by
rule of the State of Wisconsin, Department of Natural Resources.
Bovine animals, equine animals, goats, poultry, sheep, swine
other than wild hogs, farm-raised deer, farm-raised game birds, South
American camelids, and ratites.
An individual, partnership, firm, joint-stock company, corporation,
association, trust, estate, or other legal entity.
A psittacine or softbill that is not native, is not identified
on the federal list of endangered and threatened species, and is not
a migratory bird.
The Police Chief of the City of Lancaster, Wisconsin.
To own, control, restrain, transport, or keep.
Domesticated fowl, including chickens, turkeys, and waterfowl,
that are bred for the primary purpose of exhibition or producing eggs
or meat. "Poultry" does not include ratites.
A zoo or aquarium that is an accredited member of the Association
of Zoos and Aquariums.
A member of the group of flightless birds that includes the
ostrich, emu, cassowary, kiwi, and rhea.
A body of water that has no inlet from or outlet to a natural
body of water, except that it may have pipes or similar conduits to
put in or withdraw water that are equipped with barriers that prevent
the passage of fish between the body of water and the other waters
of the State of Wisconsin.
A llama, alpaca, vicuna, or guanaco.
A person who is licensed in the State of Wisconsin to practice
veterinary medicine under Ch. 453, Wis. Stats., and who is certified
under rules promulgated by the Department of Agriculture, Trade and
Consumer Protection.
A.
The following
persons may possess exotic or wild animals in the City:
(1)
A
person licensed by the State of Wisconsin, Department of Natural Resources,
under Ch. 169, Wis. Stats.
(2)
A
veterinarian, for the purpose of providing medical treatment to the
animal.
(3)
A
public zoo or aquarium, with a permit issued by the City.
(4)
A
circus, with a permit issued by the City.
(5)
A
person authorized by the State of Wisconsin, Department of Natural
Resources, for the possession of the specific type of harmful wild
animal or exotic or wild animal in the City.
C.
A person
is exempt from holding a license or other approval under § 169.04(4),
Wis. Stats., or any permit from the City, to possess live native wild
animals, if these wild animals are not endangered or threatened species
and are any of the following:
A.
No person may, without a permit issued under § 154-24, display in the City for the purpose of public viewing any exotic or wild animals or harmful wild animals.
B.
This section
shall not apply to any of the following:
(1)
Persons
that have received a license or authorization from the State of Wisconsin,
Department of Natural Resources, under Ch. 169, Wis. Stats.
(2)
A
public zoo or aquarium, with a permit issued by the Police Chief.
(3)
A
veterinarian, for the purposes of providing medical treatment to the
animal.
(4)
A
circus with permits issued by the Police Chief.
A.
No person
may exhibit, possess, sell, or purchase an exotic or wild animal or
harmful wild animal in the City without a written permit from the
Police Chief.
B.
The applicant
for a permit shall submit an application that contains all of the
following:
(1)
The
name of the applicant, any agent of the applicant, and the owner of
the premises where the exotic or wild animal or harmful wild animal
will be exhibited, possessed, sold, or purchased, if different from
the applicant.
(2)
The
address of the premises where the exotic or wild animal or harmful
wild animal will be exhibited, possessed, sold, or purchased.
(3)
The
business and residential telephone number of the applicant, the business
and residential telephone number of any agent of the applicant, and
the business and residential telephone number of the owner of the
premises where the exotic or wild animal or harmful wild animal will
be exhibited, possessed, sold, or purchased, if different from the
applicant.
(4)
The
age of the applicant and of the owner of the premises where the exotic
or wild animal or harmful wild animal will be exhibited, possessed,
sold, or purchased, if different from the applicant.
(5)
The
legal description of the premises where the exotic or wild animal
or harmful wild animal will be exhibited, possessed, sold, or purchased.
(6)
The
manner, if any, of keeping the exotic or wild animal or harmful wild
animal.
(7)
The
type and number of wild animals or harmful wild animals, if more than
one, that will be exhibited, possessed, sold, or purchased.
(8)
Any
other items requested by the Police Chief in writing.
C.
The Police
Chief may issue a permit in writing only if the Police Chief determines
that the exhibition, possession, sale, or purchase in the City of
an exotic or wild animal or a harmful wild animal proposed by the
applicant will not constitute a public nuisance or a threat to the
health and safety of the residents of the City. The Police Chief may
include in the permit specific conditions to protect public health
and safety and to prevent a public nuisance.
[Amended 4-15-2019 by Ord. No. 2019-04]
D.
A permit
shall be for a fixed period determined by the Police Chief and is
subject to revocation in the event of the violation of the conditions
of the permit or this article after an applicable public hearing and
notice and determination, as provided in this section for an initial
permit application. Upon a determined emergency condition in the City,
the Police Chief may suspend the permit without a hearing.
No person may permit an exotic or wild animal or a harmful wild
animal to run at large or to be released from captivity within the
City. Any exotic or wild animal or harmful wild animal running at
large shall be subject to seizure, detention, and disposal.
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this article shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues constitutes a separate offense under this article. In addition, the Police Chief may seek injunctive relief from a court of record to enjoin further violations.
