[Adopted 12-15-2015 by Ord. No. 1130-2015]
As used in this article, the following terms shall have the meanings indicated:
- Any mammal (excluding humans), bird, reptile, amphibian, mollusk, or arthropod or any egg of any bird, reptile, amphibian, mollusk or arthropod, or fish.
- A. Any animal that when unprovoked bites, injures, kills, or attacks a human being or domestic animal on either public or private property.
- B. The following are exceptions to the definition of a vicious animal:
- (1) No animal may be declared vicious if death, injury or damage is sustained by a person who, at the time such was sustained, was committing a trespass of the dwelling upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects person or property.
- (2) No animal may be declared vicious if death, injury, or damage was sustained by a domestic animal which, at the time such was sustained, was teasing, tormenting, abusing, or assaulting the animal.
- (3) No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
- (4) No animal may be declared vicious for acts committed by said animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
- DOMESTIC ANIMAL
- Any species that has been selectively bred for hundreds of
generations to accept humans or live with humans so as to live and
breed in a tame condition, depend on humankind for survival, and are
commonly considered to be domesticated in the United States. Domestic
animals include:[Amended 4-16-2019 by Ord. No. 7-2019]
- A. Companion animals;
- B. Livestock;
- C. Farm-raised deer;
- D. A pet bird;
- E. Farm-raised game birds not released to the wild;
- F. Poultry;
- G. Ratites;
- H. Farm-raised fish not released to the waters of the state; and
- I. 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.
- HARMFUL WILD ANIMAL
- Any other animal designated as a harmful wild animal under Wisconsin Statutes or the Wisconsin Administrative Code, including but not limited to:
- A. Members of the species felis concolor (commonly known as "cougars");
- B. Members of the family ursidae (commonly known as "bears");
- C. Wild and feral swine (as defined in § NR 16.11(3), Wis. Adm. Code);
- D. Anatidae (the species anserinae Cygnus, commonly known as "mute swans");
- E. Canidae, hybrids of the species Canis lupus, C. Lycaon, of C. rufus, (commonly known as "wolves") and the species Canis familiaris, domestic dogs, and subsequent generations from such matings. These animals are commonly called wolf-dog hybrids or wolf dogs.
- Any individual, partnership, firm, joint stock company, corporation,
trust, estate, or other legal entity.[Added 4-16-2019 by Ord. No. 7-2019]
- WILD ANIMAL
- Any animal of a wild nature that is normally found in the wild and that is not a domestic animal.
This article is enacted under the authority contained in § 169.43, Wis. Stats.
Except as otherwise provided herein, no person within the unincorporated areas of Green Lake County shall own, keep, maintain, harbor, or have in his or her possession, or under his or her control, or sell, or offer to purchase, any wild animal, harmful wild animal, or animal with vicious or dangerous propensities, including, but not limited to, any of the following animals:
[Amended 4-16-2019 by Ord. No. 7-2019]
Poisonous or venomous animals and reptiles, including snakes that are capable of causing serious injury to humans or other animals;
Apes: Chimpanzees (Pan); Gibbons (Hylobates); Gorillas (Gorilla); Orangutans (Pongo); and Siamangs (Symphalangus);
Baboons (Papoi, Mandrillus);
Cheetahs (Acinonyx jubatus);
All snakes not indigenous to Wisconsin. Exception: a boa constrictor or ball python up to four feet in length or any other snake which does not exceed three feet in length are allowed;
Coyotes (Canis latrans);
Elephants (Elephas and Loxodonta);
Game cocks and other fighting birds;
Jaguars (panther onca);
Leopards (Panthera pardus);
Lions (Panthera leo);
Monkeys, old world (Ceropithecidae);
Piranha fish (Characidae) exceeding six inches in length;
Pumas (Felis concolor); also known as "cougars," "mountain lions," and "panthers";
Rhinoceroses (Rhinocero tidae);
Sharks (class Chondrichthyes) exceeding six inches in length;
Snow leopards (Panthera unicia);
Tigers (Panthera tigris);
Wolves (Canis lupus);
Poisonous or venomous biting insects; except beekeeping is allowed.
Poisonous tarantula and poisonous or venomous biting spiders;
Wolverines, fishers, martens, wild Russian boars, bobcats or ocelots;
Any other wild animal not native to Wisconsin and not controlled by game farm licensure;
Any hybrid or crossbreed of any of the above with a domestic animal.
Any restricted animal listed in § 103-29 above, owned, possessed, harbored, kept, or maintained in violation of this section may be impounded and destroyed by the County, or its agents, at the expense of the violator.
Any law enforcement, humane or public health officer shall have the authority to enforce the provisions of this section, including, but not limited to, seizing any animal that the officer reasonably believes is being possessed, harbored, owned, kept, or maintained in violation of this section.
Any such animal or creature seized pursuant to this section shall be held in a facility designated by the County until the animal or creature is identified as to genus and species to ascertain if the animal is an endangered species identified as such in the Wisconsin Statutes. At any time after such identification, the County may destroy the animal as provided herein.
The animal seized shall be impounded. The County may require the appealing party to post bond in an amount sufficient to satisfy the cost of holding and identifying the animal. If it is determined that the animal has been owned, possessed, harbored, kept, or maintained in violation of this section, the costs incurred by the County for impounding, holding, and identifying the animal shall be paid by the violator. Anyone found to be in violation of this section shall, in addition to the penalties provided, forfeit the prohibited animal to the County for destruction or disposition as deemed proper. Prior to such forfeiture, the County may direct a transfer of the animal to a qualified zoological, educational, or scientific institution or qualified private propagator for safe keeping, with the cost thereof being assessed and paid by the violator.
This section shall not apply to:
[Amended 4-16-2019 by Ord. No. 7-2019]
Any person exempt from licensing by the Department of Natural Resources under Ch. 169, Wis. Stats.
Any person exempt under § 169.07, Wis. Stats.
Any person who possesses a license or other approval issued by the Department of Natural Resources under Ch. 169, Wis. Stats. or § 29.319, Wis. Stats. to possess, purchase, or sell a live wild animal.
Any person who is exempt under Subsection C shall ensure that:
[Added 4-16-2019 by Ord. No. 7-2019]
The location where the animal is housed conforms to the provisions of the zoning ordinances of the municipality in which the animal is housed.
The animal is handled and treated humanely in conformity with all state statutes and administrative codes applicable to that particular animal.
The licensed facility housing the animal conforms to all state statutes and administrative codes applicable to that particular animal.
The provisions of this article shall be enforced by the Green Lake County Sheriff, the Green Lake County Department of Public Health, and/or other persons authorized by the Green Lake County Sheriff or the Green Lake County Department of Public Health. This article may be enforced by citation, injunction or civil forfeiture. The Green Lake County Corporation Counsel and District Attorney are also authorized to bring an action to enforce the provisions of this article.
The Green Lake County Sheriff and those designated by the Sheriff are authorized to catch and impound restricted animals at large with such authorization to include the pursuit of restricted animals upon non-animal-owner private property. It shall be a violation of this article to interfere with the law enforcement officer, public health officer or designee, trained individual or Green Lake County Sheriff's office employee in the performance of their duties.
Any person violating any provisions of this article shall, upon conviction thereof, forfeit not less than $50 nor more than $1,000 together with all court costs. If any violation be continuing, each day's violation shall be deemed a separate violation.