As used in this article, the following terms shall have the
meanings indicated:
POSSESS
To own, possess, keep, harbor, or exercise any care, custody,
or control of an animal.
WILD ANIMAL
Those species of animal that are not typically domesticated
by humans and usually live in nature or outside of one's residence.
Wild animals include, but are not limited to, animals belonging to
any or all of the following orders and families:
A. Class Mammalia.
(2) Order Artiodactyla (e.g., hippopotamuses, giraffes, camels, deer,
cattle, swine, sheep, goats, alpacas, and llamas.
(3) Order Carnivora.
(a)
Family Felidae (e.g., lions, tigers, cougars, leopards, ocelots,
servals), but not domestic cats.
(b)
Family Ursidae (e.g., bears).
(c)
Family Mustelidae (e.g., weasels, skunks, martens, minks, wild
ferrets), but not the domestic ferret species, Mustela putorius furo.
(d)
Family Procyonidae (e.g., raccoons, coatis).
(e)
Family Hyaenidae (e.g., hyenas).
(f)
Family Viverridae (e.g., civets, genets).
(g)
Family Mephitidae (e.g., skunks).
(h)
Family Herpestidae (e.g., mongooses).
(4) Order Edentata (e.g., anteaters, armadillos, sloths).
(5) Order Marsupialia (e.g., opossums, kangaroos, wallabies), except
sugar gliders.
(6) Order Perissodactyla (e.g., rhinoceroses, tapirs), except domestic
horses and donkeys.
(7) Order Primates (e.g., lemurs, monkeys, chimpanzees, gorillas), except
humans.
(8) Order Proboscidea (e.g., elephants).
(9) Order Rodentia (e.g., squirrels, beavers, porcupines, prairie dogs),
but not guinea pigs, rats, mice, gerbils, and hamsters.
B. Class Reptilia.
(1) Order Squamata.
(a)
Family Helodermatidae (e.g., Gila monsters and Mexican beaded
lizards).
(b)
Family Varanidae (e.g., monitor lizard).
(c)
Family Elapidae (e.g., coral snakes, cobras, mambas).
(d)
Family Viperidae (e.g., copperheads, cottonmouths, rattlesnakes).
(e)
Subfamily Atractaspidinae (e.g., burrowing asps).
(2) Order Crocodilia (e.g., crocodiles, alligators, caimans, gavials).
(3) Any constricting snake greater than four feet in length or 20 pounds
in weight.
C. Class Aves.
(1) Order Falconiformes (e.g., eagles, hawks, vultures).
(2) Order Rheiformes (e.g., rheas).
(3) Order Struthioniformes (e.g., ostriches).
(4) Order Casuariiformes (e.g., cassowaries and emus).
(5) Order Strigiformes (e.g., owls).
(6) Order Galliformes (e.g., turkeys, chickens).
(7) Order Anseriformes (e.g., ducks, geese).
D. Class Arachnida.
(2) Any of the following members of Order Araneae, Family Therididae:
(a)
Argentina red widow spider: Latrodectus corallinus.
(b)
Brown widow spider: Latrodectus geometricus.
(c)
Red-black widow: Latrodectus hasselti.
(d)
Red widow spider: Latrodectus bishopi.
(e)
Black widow spider: Latrodectus mactans.
(f)
Western widow: Latrodectus hesperus.
(3) Brown recluse spider: Loxosceles reclusa.
E. Class Chilopoda.
(1) Any of the following members of Order Scolopendromorpha, Family Scolopendridae:
(a)
Amazon giant banded centipede: Scolopendra giganea.
(b)
Arizona tiger centipede: Scolopendra viridis.
(c)
Florida Keys centipede: Scolopendra alternans.
(2) Any other venomous chilopoda that is not native to Wisconsin.
F. Any species of the Class Insecta that is not native to Wisconsin.
G. Any federal or state endangered or threatened species.
The purpose of this chapter is to protect the public against health and safety risks that wild animals pose to the community. By their very nature, wild animals are potentially dangerous and do not adjust well to a captive environment. The provisions of this Article
V are subject to and do not repeal or amend any other provisions of the Municipal Code specifically pertaining to the animals regulated herein, which provisions were existing upon April 5, 2021, the date of adoption of this Article
V, including, but not limited to this Chapter
80, Animals; Chapter
183, Orderly Conduct, Article
III, Animals; and Chapter
183, Orderly Conduct, Article
XVI, Rural Areas, §
183-68, Parking trucks and raising animals; the provisions of this Article
V shall not apply to and do not prohibit, regulate or affect any meat and/or food processing use and/or facility, or farm use and/or facility, licensed and/or authorized by and having obtained any required approvals therefor, pursuant to any applicable federal, State of Wisconsin and/or City of Franklin laws, rules and ordinances as may be required.
No person shall possess a wild animal unless one of the exceptions
in Subsection A of this section applies.
A. Exceptions. This section shall not apply to wild animals being kept or harbored on property in compliance with Chapter
80, Animals; Chapter
183, Orderly Conduct, Article
III, Animals; and Chapter
183, Orderly Conduct, Article
XVI, Rural Areas, §
183-68, Parking trucks and raising animals, of this Municipal Code, persons who are temporarily exhibiting wild animals in the City pursuant to a valid license issued by the state of Wisconsin under Ch.
169, Wis. Stats., institutions accredited by the American Zoo and Aquarium Association, veterinarians who possess a valid license from the State of Wisconsin under Ch. 89, Wis. Stats., state-licensed veterinary hospitals or clinics, state-licensed circuses, state-licensed or -accredited research or medical institutions, state-licensed or -accredited educational institutions, an animal certified as having been specially trained to assist an individual with a disability, any government-owned or government-operated facility, volunteers working on behalf of a government-owned or government-operated facility, a person with a valid federal permit to possess a particular wild animal, or a person temporarily transporting a wild animal through the City if the transit time is not more than 24 hours and the wild animal is at all times maintained within a confinement sufficient to prevent the wild animal from escaping.
B. Registration. Any person that meets the exceptions listed in Subsection
A of this section shall register each wild animal that he/she possesses within the City of Franklin with the Police Department. The registration information shall include: the type of wild animal; a description of the wild animal, including size, color, and name of the animal; and the name and address of the wild animal's owner or custodian.
C. Escape.
(1) If a wild animal escapes the possession of a person, the person shall
notify the Franklin Police Department immediately of the following
information: the type of wild animal; a description of the wild animal,
including size, color, and name of the animal; the nature of how the
wild animal escaped; the name and address of the wild animal's owner
or custodian; and the location and time where the wild animal was
last observed. If the wild animal returns to the possession of a person
after notification to the Franklin Police Department, the person shall
notify the Franklin Police Department immediately that the wild animal
has returned to the person's possession.
(2) Costs. Upon the escape of a wild animal, any person possessing such
wild animal shall be responsible for the costs of the seizure, detention,
and disposal of the wild animal and any City response to the report
of escape.
D. Prohibition against release. No person may permit a wild animal to
run at large. Any wild animal running at large shall be subject to
seizure, detention, and disposal.
Any person, firm, partnership, or corporation who violates any part of this article shall be subject to the penalty and enforcement provisions in §
1-19, Penalty provisions, of this Code and any other enforcement actions available pursuant to law.