[HISTORY: Adopted by the Town Board of the
Town of Holland 12-10-2007 by Ord. No. 1-2007. Amendments noted where
applicable.]
It is declared to be in the interest of the
public health, safety and welfare that keeping animals within the
Town be regulated in order to prevent the animals from becoming a
public nuisance, injuring people and property, and spreading disease.
This chapter is enacted pursuant to town and village powers. Chapters
172, 173 and 174, Wis. Stats., are adopted and made a part of this
chapter as if fully set forth herein. Any future additions, amendments,
revisions, or modifications of the current or future statutes incorporated
herein are intended to be made part of this chapter in order to secure
uniform statewide regulation of animals.
A.
Animals running at large. It shall be unlawful for the owner or keeper of any animal to permit the animal to run at large any place within the Town unless accompanied by, and under the control of, the owner or keeper of said animal. This chapter shall not prohibit any animal running at large upon premises owned or occupied by the owner or keeper of the animal. Penalties for the violation of this subsection shall be as provided by § 140-8 of this chapter.
B.
Vicious animals. It shall be unlawful for the owner, keeper, or licensee of any animal to permit an animal that is vicious to run at large off a premises owned or occupied by the owner, keeper, or licensee of the animal. A written report that an animal has bitten, scratched, attacked or injured any person while running at large off the premises owned or occupied by the owner, keeper, or licensee within the previous year shall constitute a prima facie showing that such animal is vicious. A domestic animal that has wounded or worried any horses, cattle, sheep, lambs or other animals while running at large off the premises owned or occupied by the owner, keeper, or licensee of the animal is a public nuisance and may be proceeded against. A judgment that the nuisance be abated may include a provision that the animal be destroyed by a public officer in a humane manner. Penalties for the violation of this subsection shall be as provided by § 140-8 of this chapter.
[Amended 10-10-2022 by Ord. No. 2022-05]
Abatement of animal nuisances shall be as outlined in Chapter 245, Nuisances. Penalties shall be as provided in § 140-8 of this chapter.
A.
Noisy animals. The keeping or harboring of any animal that frequently
or habitually howls, yelps, barks, or makes other noises that greatly
annoy or disturb a neighborhood or any considerable number of persons
within the Town shall be prohibited.
B.
Animal waste. The owner or keeper of any animal shall be responsible
for the timely removal of any animal waste left by the animal, except
when upon premises owned or occupied by the owner or keeper.
Every owner of a dog more than five months of
age on January 1, or attaining the age of five months during the license
year, must pay the dog license tax and obtain a license.
A.
License year. The license year commences on January
1 and ends the following December 31.
B.
License tax. A license tax shall be established by
resolution. If a dog attains the age of five months on July 1 or later,
the license tax charged for this initial year shall be 1/2 the full-year
license tax rate.
C.
Late fees. 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 within 20 days of a dog attaining the age
of five months, a late fee shall be charged. The Town Treasurer shall
collect the late fee established by resolution.
D.
Rabies shots required. No dog license shall be issued
unless the dog has received a rabies vaccination as required by law
and the owner has provided the Town Treasurer with adequate proof
thereof.
E.
The Town Treasurer shall have the power and authority
to commence actions for the collection of any fees or forfeiture imposed
by this chapter.
A.
Confinement. It shall be the duty of the Town Constable(s)
to apprehend any animal running at large within the Town of Holland,
if such animal is not on the premises of its owner or keeper and is
not accompanied by and under the control of its owner or keeper. Confinement
of the animal shall take place in the area provided by the Town Constable(s).
[Amended 10-10-2022 by Ord. No. 2022-05]
B.
Disposition of unclaimed animals. The Constable(s)
shall keep all apprehended animals for a period of seven days at a
pound to be selected by the Town Constable(s) for that purpose. If
any animal is not reclaimed by the rightful owner within such time,
it may be sold for the amount incurred in the keeping of said animal
or may be destroyed in such humane manner as the Town Constable(s)
shall direct.
C.
Treatment of injured or diseased animals and disposal.
The designated Constable(s) may, at his or her discretion, treat a
diseased or injured animal in the Constable's possession, as a preventive
measure, considering the health of the animal and health of other
animals in the pound. The Constable(s) may destroy, in a humane manner,
at any time, an animal in the possession of the Constable(s), provided
that such animal is so injured or diseased that, in the opinion of
the Constable(s) or veterinarian(s) consulted by the Constable(s),
the animal is suffering to a great extent or will not survive such
injury or disease.
A.
Unclaimed animals. The Town shall pay to the designated
Constable(s) the following amounts established by motion of the Town
Board:
(1)
Reasonable compensation to board and care for any
animal apprehended and confined. The Town shall not pay for boarding
of the animal in excess of seven days.
(2)
All veterinarian and medication costs reasonably incurred
by the Constable(s) for the services provided exclusively to the Town
as a Town agent.
(3)
Reasonable compensation to apprehend any animal.
(4)
The reasonable costs of the destruction and disposal
of the animal.
B.
Reclaimed animals. The owner, keeper, or licensee
of any animal so confined may reclaim the animal any time before the
same is disposed of as hereinbefore provided upon payment of all costs
and charges incurred in the apprehension, keeping and care of the
animal plus an administrative fee established by resolution. All fees
shall be paid to the designated Constable(s) before the animal is
released. If the animal is a dog or cat, the Constable(s) shall require
proof of licensing and payment of other Town fees, and proof that
the animal is currently immunized against rabies, or presentation
of a prepaid receipt from a veterinary clinic before the release of
an animal to its owner, keeper, or licensee.
C.
Referral to the Town Board. In the event a person
claiming an animal refuses or is unable to pay the foregoing amount,
the Constable(s) shall forthwith refer the matter to the Town Supervisor,
who serves as Chairman of the Public Safety Committee. This Town Supervisor
and the Town Chairperson shall direct the Constable(s) in the manner
that he/she should proceed to resolve the matter. The Town Chairperson
and the Town Supervisor have the authority to direct the Constable(s)
to dispose of the animal as if unclaimed, return the animal to the
person claiming the animal, waive some or all monetary payment that
shall be borne by the Town in whole or in part, or resolve the matter
in such other manner as the Town Chairperson and the Supervisor may
determine as just and equitable.
The Constable(s) shall maintain and keep records
reflecting the activities of the Constable(s), pursuant to this chapter
and state law and give a written report monthly to the Town Board
so that a written report may be considered by the Town Board at its
regular monthly meeting. All records kept by the Constable(s) pursuant
to this chapter and state law shall be Town records.
The Constable(s) elected by the Town of Holland electors shall have the power and authority to apprehend and confine animals as provided in this chapter and to otherwise enforce this chapter. An action to restrain or enjoin violations may be instituted only after authorization by the Town Board. Penalties for a violation of this chapter shall be as described in Chapter 1, Article I of this Code.
A.
COMMERCIAL KENNEL
HOBBY KENNEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 2-8-2016 by Ord.
No. 2-2016]
An establishment, structure, or premises where dogs are raised
and sold, bred, boarded, trained, or groomed for commercial purposes.
The raising or selling of three or more litters of dogs from any number
of adult dogs per year shall constitute a commercial kennel.
An establishment, structure, premises, or pursuit accessory
to the principal use of the property where four or more dogs of six
or more months of age are kept for such private purposes as pets,
field trials, shows, or hobby, which is not a commercial kennel. The
raising of two litters of dogs per year on a premises and the sale
or disposal of said dogs within six months of their birth shall also
be considered a hobby kennel.
B.
When hobby kennel license is required. A kennel license must be obtained
from the Plan Commission when four or more dogs, subject to be licensed
as set forth hereinbefore, are kept on any premises within the Town.
A hobby kennel that can be proven as being in operation prior to the
adoption of this chapter may continue to operate without a license,
provided that it remains under the same ownership.
[Amended 2-8-2016 by Ord.
No. 2-2016]
C.
Licensing procedure required for approval of commercial
license.
(1)
Application. The application and approval of a commercial
license shall require a conditional use permit from the Town Plan
Commission. An applicant may obtain application forms from the Plan
Commission Clerk and shall file completed application forms, fees,
and any information required thereby with the Plan Commission Clerk.
(2)
Hearings. The Plan Commission Clerk shall establish
a date, time and place for a public hearing before the Town Plan Commission.
Written notice of the application, hearing, and time shall be made
known to all owners of property located within 300 feet of the parcel
where the kennel is to be located.
(3)
Decision. The Town Plan Commission has the authority
to grant or deny the license or grant the license with conditions.
The decision by the Town Plan Commission shall be made within a reasonable
time subsequent to the hearing on the application. The Town Clerk
or Plan Commission Clerk shall give notice to the applicant of the
decision. The applicant must abide by the requirements of the Town
Plan Commission, this chapter, and the terms and conditions of the
approved commercial kennel license.
(4)
Fees. The applicant shall pay to the Plan Commission Clerk, upon filing the application, a nonrefundable filing fee established by resolution. This filing fee is in addition to the yearly per-dog license tax set forth and established by § 140-4B hereof.
(5)
Annual renewal fee. The applicant shall pay an annual renewal fee for each year that the hobby kennel continues subsequent to the year of issuance of the hobby kennel license, in the amount established from time to time by the Town Board by separate resolution, with such fee being paid at the same time as the license tax described in § 140-4 hereof.
(6)
A commercial kennel that can be shown to have been
in operation prior to the adoption of this chapter may continue to
operate without a conditional use permit, provided that it remains
under the same ownership and the annual kennel license fee is paid.
D.
Licensing procedure required for approval of hobby
kennel license. The following procedure shall be required for a hobby
kennel within the Town:
(1)
Application. The hobby kennel license shall be subject
to the approval of the Town Plan Commission. An applicant may obtain
application forms from the Plan Commission Clerk and shall file completed
application forms, fees, and any information required thereby with
the Plan Commission Clerk.
(2)
Hearings. The Plan Commission Clerk shall establish
a date, time and place for a public hearing before the Town Plan Commission.
Written notice of the application, hearing, and time shall be made
known to all owners of property located within 300 feet of the parcel
where the kennel is to be located.
(3)
Decision. The Town Plan Commission has the authority
to grant or deny the license or grant the license with conditions.
The decision by the Town Plan Commission shall be made within a reasonable
time subsequent to the hearing on the application. The Town Clerk
or Plan Commission Clerk shall give notice to the applicant of the
decision.
(4)
Fees. The applicant shall pay to the Plan Commission Clerk, upon filing the application, a nonrefundable filing fee established by resolution. This filing fee is in addition to the yearly per-dog license tax set forth and established by § 140-4B hereof.
(5)
Annual renewal fee. The applicant shall pay an annual renewal fee for each year that the hobby kennel continues subsequent to the year of issuance of the hobby kennel license, in the amount established from time to time by the Town Board by separate resolution, with such fee being paid at the same time as the license tax described in § 140-4 hereof.
[Added 12-9-2013 by Ord. No. 10-2013]
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall be unlawful for
any person, firm, corporation or other entity to possess with intent
to sell or offer for sale, or buy or attempt to buy, within the Town
any of the following animals, alive or dead, or any part or product
thereof: all wild cats of the family felidae, polar bear (Thalarctos
maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), gray
or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific
ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia
mydas), or Mexican ridley turtle (Lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful for any
person, firm or corporation to buy, sell or offer for sale a native
or foreign species or subspecies of mammal, bird, amphibian or reptile,
or the dead body or parts thereof, which appears on the endangered
species list designated by the United States Secretary of the Interior
and published in the Code of Federal Regulations pursuant to the Endangered
Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Exceptions. The provisions of this Subsection A shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, or persons holding federal permits, or by a person holding a scientific collector's permit issued by the Secretary of the Wisconsin Department of Natural Resources, or by any person or organization licensed to present a circus.
B.
Dangerous animals; prohibition on keeping.
(1)
It shall be unlawful for any person to keep, maintain or have in
his or her possession or under his or her control within the Town
any poisonous reptile or any other dangerous or carnivorous wild animal,
insect or reptile, any vicious or dangerous domesticated animal or
any other animal or reptile of wild, vicious or dangerous propensities.
(2)
Specifically, it shall be unlawful for any person to keep, maintain
or have in his or her possession or under his or her control within
the Town any of the following animals, reptiles or insects:
(a)
All poisonous animals and reptiles, including rear-fang snakes.
(b)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(c)
Baboons (Papoi, Mandrillus).
(d)
Bears (Ursidae).
(e)
Cheetahs (Acinonyx jubatus).
(f)
Crocodilians (Crocodilia), 30 inches in length or more.
(g)
Constrictor snakes, six feet in length or more.
(h)
Coyotes (Canis latrans).
(i)
Wild pigs and wild boars.
(j)
Elephants (Elephas and Loxodonta).
(k)
Game cocks and other fighting birds.
(l)
Hippopotami (Hippopotamidae).
(m)
Hyenas (Hyaenidae).
(n)
Jaguars (Panthera onca).
(o)
Leopards (Panthera pardus).
(p)
Lions (Panthera leo).
(q)
Lynxes (Lynx).
(r)
Monkeys, old world (Cercopithecidae).
(s)
Pumas (Felis concolor), also known as cougars, mountain lions
and panthers.
(t)
Rhinoceroses (Rhinocero tidae).
(u)
Sharks (class Chondrichthyes).
(v)
Snow leopards (Panthera uncia).
(w)
Tigers (Panthera tigris).
(x)
Wolves (Canis lupus).
(y)
Poisonous insects.
C.
Exceptions; animal permit.
(1)
The prohibitions of Subsection B above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; a temporary display for judging purposes; an itinerant or transient carnival, circus or other show; public or private educational institutions; or licensed pet shops.
(2)
Any person not excepted by Subsection C(1) shall apply for and obtain an annual animal permit from the Town Board in order to own or harbor a mammal or reptile listed in Subsection B. Such permit shall expire on June 1 of each year. This subsection shall not be interpreted to permit the existence of any such mammal, reptile or other animal in contravention of Town zoning regulations. Such animal permit shall be acted on by the Town Board within 60 days of the filing of the application.
(a)
No animal permit shall be issued by the Town Board unless it
is satisfied that provisions for housing, proper confinement, care
and feeding can be provided for the health and well-being of the mammal,
reptile or other animal, that acceptable precautions to minimize the
escape of such mammal, reptile or other animal will be taken, and
that the keeping of such animal or reptile does not pose an unacceptable
threat to public safety. The Town Constable or other law enforcement
officer may at any time necessary inspect the licensed premises.
(b)
The owner or person responsible for such mammal, reptile or
other animal shall report immediately to the county law enforcement
officials should the mammal, reptile or other animal escape from confinement.
(c)
In the event of any reasonable likelihood that it would be difficult
or impossible to capture such mammal, reptile or other animal regulated
by an animal permit, this will warrant its immediate destruction by
the owner or any law enforcement official in a humane manner to protect
the public.
