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.
[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.
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.
[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).
(e)
Cheetahs (Acinonyx jubatus).
(f)
Crocodilians (Crocodilia), 30 inches in length or more.
(g)
Constrictor snakes, six feet in length or more.
(i)
Wild pigs and wild boars.
(j)
Elephants (Elephas and Loxodonta).
(k)
Game cocks and other fighting birds.
(l)
Hippopotami (Hippopotamidae).
(o)
Leopards (Panthera pardus).
(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).
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.