Chapter 152 Animals

It shall be unlawful for any person in the Village of Sullivan to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.

The minimum license tax under this section shall be:

Neutered males and spayed females: As prescribed in the current Village Fee Schedule.[1]

Editor's Note: See also Ch. 250, Fees.

Unneutered males and unspayed females: As prescribed in the current Village Fee Schedule.[2]

Editor's Note: See also Ch. 250, Fees.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 152-2 of this article, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.

The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 152-2E.

The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.

Multiple dog licenses.

Any person who keeps more than three dogs shall, instead of the license tax for each dog required by this article, apply for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax as prescribed in the current Village Fee Schedule[3] for 12 or fewer dogs and an additional fee for each dog in excess of 12. Upon payment of the required multiple dog license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Clerk-Treasurer shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept. Multiple dogs may only be located in residential areas following a public hearing and approval by the Village Board; the Board may attach conditions to such approval as a conditional use under the Village's Zoning Code.

Editor's Note: See also Ch. 250, Fees.

The owner or keeper of multiple dogs shall keep at all times a multiple dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple dog license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a multiple dog tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's premises unless the dog is on a leash or temporarily unconfined/unleashed for the purposes of hunting, breeding, trial, training or competition.

The term "multiple dog" means any establishment wherein or whereon three or more dogs are kept.

No multiple dog license shall be issued to the keeper or operator of multiple dogs who fails to provide proper food and drink and proper shelter for the dogs or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any multiple dog premises upon his/her own initiative. Expressly incorporated by reference in this section as minimum standards for multiple dog keepers or operators are the relevant provisions of Ch. 174, Wis. Stats.

A condition of a multiple license shall be that the licensed premises may be entered and inspected at any reasonable hour by appropriate Village officials without any warrant, and the application for a license hereunder shall be deemed a consent to this subsection. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section. Should any multiple dog license be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.

Exemption for leader dogs and service animals.

Service animals. Notwithstanding the foregoing, all service animals specifically trained to work or perform tasks for the benefit of an individual with a disability are exempt from the licensing tax, and every person owning such dog shall receive annually a dog license from the Clerk-Treasurer at no charge upon proper application therefor and proper vaccination required in Subsection A(4).

Leader dogs. Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the licensing tax and every person owning such dog shall receive annually a dog license from the Clerk-Treasurer at no charge upon proper application therefor and proof of rabies vaccination required in Subsection A(4).

§ 152-4 Late fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The Village Clerk-Treasurer shall assess and collect a late fee of $5 from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee per license/dog.

§ 152-5 Rabies quarantine.

Area-wide rabies quarantines.

Area confinement order. If a district is quarantined for rabies, all dogs, cats or ferrets within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog, cat or ferret not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.

Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice. A law enforcement or animal control officer shall order a dog, cat or ferret quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog, cat or ferret cannot be captured or such animal exhibits actual signs of rabies, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head. No person shall interfere with Village authorities or agents in carrying out their duties in this regard. All expenses thus incurred shall be paid by the owner or the person having custody of such dog, cat or ferret.

Sacrifice of other animals.

An officer may order killed or may kill an animal other than a dog, cat or ferret if the officer has reason to believe that the animal bit a person or is infected with rabies.

Any domesticated wild animal that has bitten any person, inclusive of, but not limited to, wolf-dog hybrids, skunks and raccoons, shall be immediately destroyed by a licensed veterinarian and the proper specimen from the animal tested for rabies by the State Laboratory of Hygiene. All expenses connected therewith shall be charged to the owner or custodian of the animal.

Quarantine procedures.

Vaccinated animal bite incidents. Any dog, cat or ferret which has bitten any person and which shows evidence of a current rabies inoculation shall be quarantined at such place as designated by law enforcement or health authorities for a minimum period of 10 days. The dog, cat or ferret shall be examined by a licensed veterinarian within 24 hours of a quarantine notice and again on the 10th day after the bite. If, in the opinion of law enforcement or health authorities, the vaccinated animal cannot be confined securely at the residence of its owner or custodian, or exhibits signs of illness as determined by a licensed veterinarian, the dog, cat or ferret shall be quarantined at a veterinary hospital under the supervision of a licensed veterinarian.

Unvaccinated animal bite incidents. Any dog, cat or fetter which has bitten any person and which does not display evidence of rabies inoculation shall be quarantined within 24 hours of the quarantine order at a veterinary hospital under the supervision of a licensed veterinarian for a minimum of 10 days. "Supervision of a licensed veterinarian" includes, at a minimum, examination of the animal on the first day of isolation and on the last day of isolation. If the veterinarian certifies that the dog, cat or ferret has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period. After such period of time, such veterinarian shall report his/her determination or findings thereof in writing.

Risk to animal health due to suspected exposure to a rabid animal.

If a dog, cat or ferret is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog, cat or ferret is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.

If a dog, cat or ferret is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog, cat or ferret is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.

No person shall keep or harbor any dog or other domesticated animal, whether licensed or not, which is known to be, or when there is good reason to believe the same to be, mad, rabid, vicious or dangerous to the public.

§ 152-6 Restrictions on keeping of dogs, cats, fowl and other animals.

Destruction of an animal exhibiting symptoms of rabies. If a veterinarian determines that a dog, cat, ferret or other animal exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog, cat, ferret or other animal is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.

Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the Village, the Laboratory of Hygiene, the applicable health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.

Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination.

State laws adopted by reference. The provisions of §§ 95.21 and 174.02(3), Wis. Stats., insofar as the same are applicable, are incorporated by reference and made a part of this section with the same force and effect as those set forth verbatim herein. Any amendments to those sections shall be adopted by reference as if they were fully set forth herein.

Restrictions. It shall be unlawful for any person within the Village of Sullivan to own, harbor or keep any dog or cat which:

Habitually pursues any vehicle upon any public street, alley or highway in the Village.

Assaults or attacks any person or destroys property.

Is at large within the limits of the Village.

Habitually barks or howls to the annoyance of any person or persons. (See § 152-15.)

Kills, wounds or worries any domestic animal.

Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.

In the case of a dog, is unlicensed.

(8)

Is tied or leashed in a manner that prohibits or impairs the reading of utility meters.

(9)

Is permitted by its owner to run in dog packs.

Unleashed dogs or other animals running at large.

No owner, keeper, harborer or caretaker of any dog or other animal shall permit the same to be unleashed or unrestrained at any time said dog or other animal is not on the owner's, keeper's, harborer's, or caretaker's property or premises and which is upon any public street, alley, right-of-way or any school ground, public park, cemetery or other public or private property without the permission of the owner or occupier of the property.

A dog or other animal which is leashed or otherwise restrained by any device that is less than 10 feet in length, which is of sufficient strength to restrain and control said dog or other animal, and is held by a person competent to govern and control said animal, who has obtained the age of 10 years or more, and is able to prevent said dog or animal from annoying or worrying pedestrians or from trespassing on private or public property. Furthermore, a dog or other animal is not unleashed or uncontrolled and at large if it is properly restrained within a motor vehicle.

A service animal (as defined in § 152-1) shall not be considered running at large whether or not the animal is on a leash if the animal is in the immediate company of the owner or immediately responds and obeys (e.g., a dog playing a game of "fetch" in a field or walking alongside its owner, a member of the owner's immediate family or the assisting individual of the service animals' owner).[1]

§ 152-7 Vicious and potentially dangerous dogs and animals; potentially dangerous dog supplemental license.

Editor's Note: Original Sec. 7-1-6(b)(4), which regarded the penalty for violation of Subsection B of this section, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provision, Art. III); see now § 152-23A.

Owner's liability for damage caused by dogs or other animals; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs and other animals together with the penalties therein set forth are hereby adopted and incorporated herein by reference.

Animals restricted on public grounds and cemeteries. No dog or cat shall be permitted in any public playground, school grounds, public park, or swimming area within the Village. Dogs and cats are prohibited from being in cemeteries. All service animals shall be exempt from this section.

Definitions. The following definitions shall be applicable in this section:

POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL

Any dog or other animal which, when unprovoked, on two separate occasions within the immediate prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. Such behavior would include situations when the dog or other animal, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property.

PROPER ENCLOSURE OF A DANGEROUS DOG

Any dog or other animal which, when unprovoked, bites a person, causing a less serious injury than is defined in Subsection (1) of this definition above.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

While on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

SERIOUS INJURY

Shall be defined as any abrasions, bruising, cuts, broken bones, lacerations, internal injuries, torn or pulled ligaments or muscles, head injuries, or any other such similar condition.

VICIOUS DOG OR OTHER ANIMAL

Any dog or other animal that:

Bites or inflicts serious injury on a human being or a domestic animal without provocation on public or private property. (If the dog or other animal inflicts serious injury in a manner other than biting, said dog or other animal shall also be deemed and presumed to be vicious under this section);

On two separate occasions within the immediate prior thirty-six-month period, has killed, seriously bitten, or otherwise caused serious injury to a domestic animal off the property of the owner or keeper of the dog;

Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals;

Is owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting;

Is a "potentially dangerous dog," as defined in this section, that has been permitted or allowed to run free and unrestrained off the property of its owner; or

Has, since the effective date of this section, demonstrated a propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

Vicious dogs prohibited. No person shall harbor, keep or maintain within the Village of Sullivan any vicious dog or other animal. Any dog or other animal alleged to be vicious by virtue of an attack upon a human being or domestic animal shall be impounded as directed by the authorities until disposition of the charge issued by citation. Moreover, the owner of any dog or other animal found to be vicious in the trial of the charge of harboring a vicious dog or other animal, or by plea to such a charge, shall be prohibited from returning that dog or other animal to the Village of Sullivan.

Penalty for keeping vicious dogs or animals in violation of Subsection B.

Forfeiture. Any person convicted of violating Subsection B above shall pay a forfeiture of $500 together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any vicious dog or other animal in violation of this section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection B above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Sullivan, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Sullivan to enforce or effectuate the Village of Sullivan's ordinances.

Impoundment. In the event that any vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the Village of Sullivan within seven days of impoundment. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the Village of Sullivan within said seven-day period, any law enforcement officer or animal control officer for the Village of Sullivan shall be authorized to destroy said animal.

Restrictions and rules regarding potentially dangerous dogs or animals.

Hearing. If a law enforcement or animal control officer for the Village of Sullivan (or any other law enforcement agency having jurisdiction and authority to enforce this section), has investigated and determined that there exists probable cause to believe that a dog or other animal which is owned, harbored, kept or cared for within the Village of Sullivan corporate limits is potentially dangerous as that term is defined herein, a law enforcement officer or animal control officer for the Village of Sullivan or his/her designee, shall petition the Village Board for the Village of Sullivan for a hearing for the purpose of determining whether or not the dog or other animal in question should be declared potentially dangerous. Whenever possible, any complaint received from a member of the public which serves as part of the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the aforementioned petition. Notice of the hearing before the Village Board shall be given to the owner, caretaker or keeper of the dog or animal in question no less than seven days prior to said hearing, with said notice, together with a copy of the petition, and all sworn complaints to be either served personally, or by first-class mail with return receipt requested All hearings under this section shall be open to the public.

Hearing body. The hearing body, which shall be the Village Board for the Village of Sullivan, may admit all relevant documents and testimony into evidence, including incident reports and affidavits of witnesses, photographs, and personal testimony. The Village Board, or designated alternative body, shall be the exclusive trier of the issue of whether a dog or other animal is determined to be potentially dangerous. For the Village Board of the Village of Sullivan to determine that a dog or other animal is potentially dangerous, there must be a preponderance of the evidence to establish the same.

Appeals. Any owner, harborer, keeper, caretaker, or other interested party who is aggrieved by any decision of the Village Board, or designated alternative body, under this section shall have the right to appeal the same by filing an action for certiorari with the Circuit Court no more than 30 days from the date that said aggrieved person had received written notice of the Village Board's decision on whether a dog or other animal is potentially dangerous under this section.

Notice of determination; compliance. After the hearing conducted pursuant to Subsection D(1) and (2) above, the owner, keeper, harborer or caretaker of the dog or other animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail return receipt requested. If a determination is made that a dog or other animal is potentially dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with Subsection D(6) through (8) and in accordance with the time schedule established by the chief law enforcement officer or animal control officer of the Village of Sullivan, or designee, but in no case more than 30 days after the date of the determination, or 35 days if the notice of the determination is mailed to the owner, keeper, harborer or caretaker of the dog or other animal.

Affirmative defenses; exceptions.

No dog or other animal may be declared potentially dangerous if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing, or assaulting the dog or other animal, or was committing or attempting to commit a crime.

No dog or other animal may be declared potentially dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

No dog or other animal may be declared potentially dangerous if an injury or damage was sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.

No dog or other animal may be declared potentially dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

No dog or other animal may be declared potentially dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal, and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.

Licensing and vaccination requirements; potentially dangerous dog supplemental license. All potentially dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the Village of Sullivan shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the Village Board, after hearing, has determined the designation applies to the dog. The Village of Sullivan may charge a potentially dangerous dog fee in addition to the regular licensing fee as to provide for the increased cost of maintaining the records of the dog.

Fencing and restraint requirements. A potentially dangerous dog or other animal, while on the owner's property, shall, at all times, be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and muzzled, and if it is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.

(8)

Notice upon death or relocation of animal. If a potentially dangerous dog or other animal dies, or is sold, transferred or permanently removed from the Village of Sullivan where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors, or caretakes a potentially dangerous dog or other animal shall notify the Village of Sullivan or the animal control officer of the change in condition or new location of the potentially dangerous dog or other animal in writing within 48 hours of said dog or other animal's removal.

Penalty for violations of Subsection D.

Forfeiture. Any person or entity convicted of violating Subsection D shall pay a forfeiture of $250, together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any potentially dangerous dog or other animal in violation of Subsection D may be deemed separate and distinct violations, subject to separate citations and convictions.

Impoundment. Furthermore, any violation of Subsection D shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Sullivan, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Sullivan to enforce or effectuate the Village of Sullivan's ordinances, may impound any dog or other animal which is subject to this section. In the event that any restricted or prohibited animal or other vicious or potentially vicious animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Sullivan limits within seven days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven-day period, any law enforcement officer or animal control officer for the Village of Sullivan shall be authorized to destroy said animal.

§ 152-8 Impoundment of animals.

Animal control agency.

The Village of Sullivan may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs.

§ 152-9 Duty of owner in case of animal bite.

The Village of Sullivan does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this article, A law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his/her possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner, provided, if an animal before being impounded has bitten a person, the animal shall be retained in the Animal Shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board or impounding agency. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

Every owner or person harboring or keeping a dog, cat, ferret or other domesticated animal who knows that such dog, cat, ferret or other domesticated animal has bitten any person shall immediately report such fact to Village law enforcement officers, or other enforcement authority, and shall keep such dog, cat, ferret or other domesticated animal confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog, cat, ferret or other domesticated animal shall surrender the dog, cat, ferret or other domesticated animal to a law enforcement or humane officer upon demand for examination.[1]

§ 152-10 Wolf/dog hybrid regulation and confinement.

Editor's Note: Original Sec. 7-1-10, Pit bulls and other regulated dogs and animals, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Definitions. As used in this section, the following terms shall have the meanings indicated:

WOLF/DOG HYBRID

Any crossbreed resulting from the mating of a domesticated dog and a wolf, coyote jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:

CANINE ANIMALIncludes all members of the family canidae except foxes.

DOMESTICATED DOGCanis familiaris.

WOLFIncludes both canis lupus and canis niger.

COYOTECanis latrans.

JACKALCanis aureus.

DINGOCanis dingo.

Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Village of Sullivan any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2007. This prohibition shall not apply to animals being transported through the limits of the Village of Sullivan within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Village of Sullivan before it has reached the age of five months. Wolf/dog hybrids permitted in the Village of Sullivan shall be confined as set forth in this section.

Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Village of Sullivan which has not been registered on or before January 30, 2007, that person shall, to the satisfaction of the court, remove said animal from the Village of Sullivan until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by Village authorities until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid was not registered pursuant to Subsection K on or before January 30, 2007, it shall be removed from and not returned to the Village of Sullivan.

Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the Village of Sullivan, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:

The first enclosure shall be constructed of not less than nine-gauge galvanized chain-link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.

The first enclosure shall extend to a height of not less than eight feet, and shall be surrounded from ground level to a height of not less than four feet by one-quarter-inch galvanized mesh screening.

The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain-link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.

The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision, except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain-link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.

Both enclosures shall be kept locked with case hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.

Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash, in a manner adequate to minimize health hazards and avoid offensive odors.

The above-described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept, as defined in the Village Zoning Code.

Transportation and muzzling of animals. A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with one-quarter-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration, but will prevent it from biting any person or animal.

Right of inspection. To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the Village shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.

Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.

Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.

Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within the Village.

Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Village of Sullivan on the date of passage of this section, Subsection D shall take effect on January 30, 2007; for all other persons, said subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.

Wolf/dog hybrid registration; insurance requirement. All owners of any wolf/dog hybrid in the Village of Sullivan shall, on or before January 30, 2007, and annually thereafter on or before January 30 of each year, register such animal and provide a current color photograph of such animal with the Village Clerk-Treasurer's office and pay a registration fee as prescribed in the current Village Fee Schedule.[1] At the time of registration, each owner of any wolf/dog hybrid kept within the Village limits shall provide to the Village Clerk-Treasurer proof of liability insurance in the amount of at least $1,000,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the Village of Sullivan as coinsured solely for the purpose of notice of cancellation of such insurance policy.

§ 152-11 Keeping of exotic animals; protected animals, fowl, reptiles and insects.

Editor's Note: See also Ch. 250, Fees.

Warning sign. The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: "WARNING — WOLF/DOG HYBRIDS PRESENT." One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required above.

Intent.

Purpose. It is the purpose and intent of the Village of Sullivan in adopting this section to protect the public safety, health and general welfare from the safety and health risks that the unregulated keeping or harboring of exotic animals can pose to the community and to protect the health and welfare of permitted exotic animals held in private possession. By their very nature, exotic animals are wild and potentially dangerous, and, typically, do not adjust well to a captive environment. This section shall be liberally construed in favor of the Village's right and authority to protect the public health, safety and welfare.

Prohibition. It shall be unlawful for any person to own, possess, maintain, harbor, bring into the Village, have in one's possession, act as a custodian for, or have custody or control on an exotic animal, except in compliance with this section.

Definitions. The following definitions and terms shall be applicable in this section. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not permissive; the word "may" is nonmandatory and discretionary:

ANIMAL

For purposes of this section, shall mean exotic animals.

ANIMAL CONTROL OFFICER

Law enforcement officers, the Village Building Inspector, animal control officers, humane society employees, or any other person designated by the Village of Sullivan to enforce or assist in the enforcement of this section.

ANIMAL SHELTER

Any premises designated or used by the Village for the purpose of impounding and caring for animals found in violation of this section, or of any other Village ordinance regulating the keeping of and care of animals. Included within this definition are animal shelters whose services are secured by the Village through contract or intergovernmental agreement.

AT LARGE

An animal is at large when:

It is off the property of the owner and not properly confined or restrained in a manner such that the risk of uncontrolled or accidental contact by the animal with humans or domesticated animals has been minimized; or

It is on the property of the owner, but is improperly restrained or confined so as to pose a risk of leaving the property and having uncontrolled or accidental contact by with humans or domesticated animals off of the owner's property; or

ENCLOSURE or ENCLOSURE AREA

It is so improperly, inadequately or negligently restrained or confined on the owner's property so to pose a risk of potentially dangerous contact with humans or domesticated animals which come on to the owner's property.

The indoor and/or outdoor area in which an animal is kept confined or restrained, including any structure(s) in which it is kept, confined or restrained.

EXOTIC ANIMAL INCLUDING USDA DANGEROUS ANIMALS

Any animal, fowl, insect, or reptile that is not normally domesticated in Wisconsin or is inherently wild by nature. Exotic animals include, but are not limited to, any or all of the following orders, families and/or species, whether bred in the wild or in captivity, and also hybrids with domestic species. The animals, fowl, insects, and reptiles listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list nor to limit the generality of each group of animals, fowl, reptiles or insects:

Nonhuman primates and prosimians*, including chimpanzees (Pan); monkeys (Cercopithecidae); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus); and baboons (Papoi, Mandrillus).

Canidae*, excluding nonhybrid domesticated dogs, including wolves (Canis lupus); coyotes (Canis latrans); and all foxes and jackals.

Felidae*, excluding domesticated cats, including cheetahs (Acinonyx jubatus); jaguars (Panthera onca); leopards (Panthera pardus); lions (Panthera leo); lynxes (Lynx); pumas (Felis concolor) which are also known as "cougars," "mountain lions" or "panthers"; snow leopards (Panthera uncia); tigers (Panthera tigris); and ocelots.

Ursidae*, including all bears.

Crocodilians (Crocodilia) 30 inches in length or more, including alligators, caimans, and crocodiles.

Proboscidea*, including elephants (Elephas and Loxodonta).

Hyaenidea*, including all hyenas.

(8)

Artiodactyla*, including hippopotami (Hippopotamidae) and giraffes (excluding camels, cattle, swine, sheep and goats).

(9)

Procyonidae, including coatis (raccoons excluded).

(10)

Marsupialia, including kangaroos (opossums excluded).

(11)

Perissodactyla*, including rhinoceroses (Rhinocero tidae) and tapirs, excluding horses, donkeys and mules.

(12)

Edentata, including anteaters, sloths and armadillios.

(13)

Viverridae, including mongooses, civets and genets.

(14)

Game cocks and other fighting birds.

(15)

Varanidae, including only water monitors and crocodile monitors.

(16)

Any other type of dangerous or carnivorous wild animal, fowl, or reptile.

*	Species listed on the United States Department of Agriculture's dangerous species list.

HUMANE SOCIETY

The Humane Society of Jefferson County, Inc.

OWN/OWNER/OWNING

Any person, corporation, partnership, limited-liability corporation, organization, association, joint venture, trust, or other legal entity who possesses, harbors, keeps, controls, boards, or has in his/her custody an exotic animal in the Village, and any officer, member, shareholder, director, employee, agent or representative thereof. Any animal is being harbored if it is being fed and/or sheltered by such party.

SECTION

The same meaning as "this article."

SOLID SURFACE

A surface constructed of cement, concrete, metal, asphalt, fiberglass or similar such hard, impervious surface.

VILLAGE

The Village of Sullivan.

VILLAGE BOARD

The Village Board of the Village of Sullivan and authorized committees and subunits thereof.

Compliance with federal regulations.

Federal code requirements. 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 Department of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

Regulation of the importation of birds. No person, firm or corporation shall import or cause to be imported into this Village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by American Indian Nations for ceremonial purposes or in the preservation of their tribal customs and heritage.

Exotic animal permit requirement - application for permit.

Sale, importation, transfer, purchase and/or gifting of an exotic animal. It shall be unlawful for any person to:

Import, transfer, sell, own, or purchase an exotic animal in the Village without first obtaining a permit from the Village Board as prescribed by this section, unless exempt from such permit requirement.

Sell, transfer, deliver, or give an exotic animal to any other person in the Village without first obtaining a permit from the Village Board as prescribed by this section, unless exempt from such permit requirement.

Keeping, harboring, maintaining or controlling an exotic animal; zoning.

It shall be unlawful for any person in the Village to own, keep, maintain, harbor, board, or control an exotic animal without first obtaining a permit from the Village Board as prescribed by this section, unless exempt from such permit requirement.

An exotic animal may only be kept, harbored or maintained on a parcel in a Conservancy or Agricultural Zoning classification.

Exceptions to exotic animal permit requirement. The exotic animal permit requirements of this section shall not apply to:

Institutions accredited by the American Zoo and Aquarium Association (AZA).

State licensed humane societies.

Animal control or law enforcement officers acting in an official capacity.

State licensed veterinary hospitals or clinics.

Persons holding a scientific collectors permit issued by the Wisconsin Department of Natural Resources.

Any person, company or organization presenting a transient or itinerant circus or carnival operating within the Village 10 days or less per year and holding all other required Village, county and state permits and/or licenses.

(g)

Wildlife rehabilitators licensed by the Wisconsin Department of Natural Resources who temporarily keep, nurture, rehabilitate, and care for exotic animals which are injured or in need of rehabilitation, with the primary purpose of returning such animals to the wild. No animal may be kept under this exception for a period of more than 90 days. No animal may be kept under this exception that poses a danger to the community or domestic animals.

(h)

State-licensed or accredited research or medical institution.

(i)

Any person temporarily transporting an exotic animal through the Village if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping.

Application; required application information. An applicant for an exotic animal permit shall file an application with the Village Clerk-Treasurer containing the following information:

Basic application information. The applicant shall file the following information at the time of application filing:

The name, address, and telephone number of the applicant.

A description of each exotic animal the applicant possesses, or seeks to possess, including the scientific name, common name, sex, age, color, weight and any distinguishing marks or coloration that would aid in the identification of the animal.

A photograph of each exotic animal.

A description of the exact location and confinement facilities where the exotic animal will be kept.

[5]

The names, addresses, and telephone number of the person from whom the applicant obtained the exotic animal, if known.

[6]

The name and address of the veterinarian providing veterinary care to the exotic animal and a certificate of good health for the exotic animal from that veterinarian.

[7]

A plan for the prompt and safe recapture of the exotic animal if the exotic animal escapes. Each applicant/permittee shall have a plan for the quick and safe recapture of the exotic animal if the animal escapes, and, if recapture is impossible, then a plan for the destruction of the exotic animal.

[8]

In the case of exotic animals included on the United States Department of Agriculture's dangerous animal list, proof of having obtained a minimum of one year's, paid-in-full liability insurance in an amount not less than $2,000,000 for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the exotic animal. (Failure to at all times keep such liability insurance in full force and effect during the life of the permit shall immediately terminate the validity of such permit; it is the responsibility of the permittee to immediately notify the Village Clerk-Treasurer, in writing, of any changes in his/her insurance status, validity or carrier.) The Village of Sullivan shall be listed as a coinsured solely for the purpose of notice of cancellation of such insurance policy.

[9]

Copies of all United States Department of Agriculture, United States Department of the Interior, Wisconsin Department of Natural Resources, and any other state or federal permits/licenses issued to the applicant approving of or governing the applicant's possession of the species for which a Village exotic animal permit is being sought.

[10]

Exotic animal permit application fee in the amount of $50 per animal.

[11]

Any other information required by Village authorities to properly consider the application.

Certified information. The applicant shall certify in writing that:

The applicant is 18 years of age or older.

The applicant has not been convicted of or found responsible for violating a local or state law prohibiting cruelty, neglect, or mistreatment of animals or has not within the last 10 years been convicted for possession, sale or use of illegal narcotics or controlled substances.

The facility and the conditions in which the exotic animal will be kept are in compliance with this section and all other applicable state and local regulations.

The applicant has regularly provided veterinary care to the exotic animal when needed and will provide such care in the future.

[5]

Proof that a licensed veterinarian has spayed or neutered the exotic animal.

Review of exotic animal permit application; issuance; conditions of permit issuance; renewals.

Consideration of application. Upon receipt of the application, application fee and all of the information required by Subsection D(4) above, the Village Clerk-Treasurer shall schedule consideration of the application before the Village Board, duly noticing the consideration of the application on the notice/agenda for such meeting in compliance with the Wisconsin Open Meeting Law.[1] All neighboring property owners and residents located within 300 feet of the applicant's property shall receive written notice of the meeting at which the application is to be considered by the Village Board a minimum of seven days prior to the meeting date.

Editor's Note: See § 19.81 et. seq., Wis. Stats.

Village Board action. Upon consideration of the application, the Village Board may issue an exotic animal permit if the Board is satisfied that:

All of the application and insurance requirements required by Subsections (D(4) and E(4) have been fully satisfied;

The applicant has provided credentials, satisfactory to the Village Board, establishing that the applicant/owner is properly trained to handle, care for, restrain, and recapture the type of animal for which the permit application is being made;

The applicant has provided either application information or oral testimony at the application review meeting demonstrating ownership of, and training and proficiency with, tranquilizing and restraint equipment that is species-appropriate, to the satisfaction of the Village Board, and shall demonstrate adequate training and certification in first aid and CPR;

The exotic animal and the manner in which it will be kept will be fully in compliance with the requirements of this section and that the animal will be kept in such manner so as not pose a threat to public safety and health;

The applicant has demonstrated that the animal will be kept in a humane manner consistent with this section and all other applicable federal and state standards; and

The site is properly zoned for such use.

Validity.

A copy of the exotic animal permit shall be displayed, in plain view, on or reasonably near the animal's confinement area.

An exotic animal permit is not transferable without reapplication under this section.

Permits for each exotic animal shall be valid for one year. The permit year shall commence on January 1 or as soon thereafter as officially issued and expire on December 31 of that year.

In addition to the application fee under Subsection D(4), the fee for an annual exotic animal permit, or renewal thereof, shall be as prescribed in the current Village Fee Schedule[2] for each exotic animal.

Editor's Note: See also Ch. 250, Fees.

Permit renewal; issuance criteria.

Exotic animal permit renewal applications shall be submitted to the Village Clerk-Treasurer on or before November 15 of the permit year.

Along with each permit renewal application, the applicant shall submit the required renewal fee, a current certificate of good health for the animal(s), update in full all information required for the original permit, and provide proof of the required continued paid-up liability insurance (such proof of insurance shall be no more than 30 days old.)

The Village Board shall consider renewals in the same manner as with the issuance of original permits.

The Village Board shall not issue or renew a permit if it determines that:

The applicant has been convicted of cruelty to animals within the previous 10 years;

The applicant has failed to provide, withheld or falsified any required permit application or renewal information; or

The applicant is, or has been, unable to comply with the requirements necessary to obtain a permit or has failed to comply with the provisions of this section at any time during the permit year.

Permit revocation. The Village Board may revoke a permit for violation of this section after giving written notice of the reasons for revocation to the permit holder. The Village shall give the permittee notice, by certified mail with receipt requested, of intent to consider revocation of the exotic animal permit. The Village shall give the permittee an opportunity to respond to the notice and address the issues identified at an open, noticed Village Board meeting, after which the Village Board shall make its determination, with the reasons therefor included in the record of the Board's meeting.

Permit transfer. If an owner can no longer properly care for his/her exotic animal, that person may only transfer his/her exotic animal to another person who has been issued a valid exotic animal permit by the Village Board. An owner/permittee shall notify the Village Clerk-Treasurer of any changes central to the validity of the permit, including the death of the exotic animal.

Confinement standards for exotic animals.

Prohibited confinement. An exotic animal shall not be tethered, leashed, chained outdoors, or allowed to run at large.

Confinement standards.

All exotic animals governed by this section shall be confined in a building or secure enclosure that has a floor, a secure roof and sides, constructed and maintained so as to securely confine the animal and provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of animal debilitation, stress, abnormal behavior patterns, or the professional opinion of a veterinarian, a qualified animal trainer, or experts from the United States Department of Agriculture (USDA), United States Department of Interior, or Wisconsin Department of Natural Resources.

For each exotic animal, the permittee shall comply with the AZA's "Minimum Guidelines" for animal care and maintenance or the USDA's standards for the humane handling, care and treatment of exotic animals [9 CFR Subchapter A (Animal Welfare, Part 3)], whichever is more restrictive. These standards shall provide the basis against which to assess the sufficiency of space or facility for animals for which a permit is sought or held.

The Village recognizes that exotic animals typically require extra care in the provision of confinement and care due to the climate and conditions of their original place of origin.

Minimum outdoor area standards. The outdoor area of an exotic animal's enclosure shall, at a minimum:

Have two sets of wire enclosures with a minimum of four inches separation between them;

Have the sides of the wire enclosure extend downward and be buried a minimum of 12 inches below ground;

Incorporate a roof design with independent fencing separate from and located between the roof and floor of the enclosure so as to prevent escape in the event high winds damage the roof over the enclosure;

Have a floor with a minimum six-inch perimeter of breaker rock-grade aggregate around the borders of the enclosed area and a minimum five-inch uniform depth of Class Five gravel for the floor, or a floor with a minimum four-inch uniform depth of concrete or asphalt over the remainder of the enclosure floor;

Be provided with shelter that allows the exotic animal, if kept outdoors, to remain dry and warm during snow/sleet/rain;

In the alternative, present to and secure approval from the Village Board for an alternative outdoor confinement system that substantially complies with the safeguards of this section.

(g)

In addition to the structural requirements of the exotic animal's outdoor enclosure, the permittee shall:

Ensure that the outdoor area is maintained in a safe and healthful manner;

Keep the outdoor area free of standing water, accumulated waste, and debris;

Ensure that sufficient shade, by natural or artificial means, is available when the animal is outdoors; and

Maintain the structural soundness of the outdoor structure in good repair to protect the exotic animals from injury and to prevent escape.

Minimum indoor area standards. The indoor area of an exotic animal's enclosure shall:

Be an insulated, moistureproof and windproof structure of adequate area to accommodate the need of the animal for adequate freedom of movement;

Contain a solid floor of no less than four inches thick to prevent the animal from escaping;

Incorporate a roof design with independent fencing separate from and located between the roof and floor of the enclosure so as to prevent escape in the event high winds blow off the roof over the enclosure;

Locate the entrance to the building in which the animal is housed facing away from prevailing winds; and

Have a self-closing door over the human and animal entry way during the winter months to protect the animal from cold temperatures.

In addition to the structural requirements of the animal's indoor enclosure area, the owner of an animal shall:

Ensure that the indoor enclosure area remains at an ambient temperature that will maintain the good health of the exotic animal;

Provide proper ventilation of the indoor structure by natural or mechanical means to provide fresh air for the animal and to prevent moisture condensation;

Ensure that the animal has natural or artificial lighting and adequate heat and ventilation to properly provide for the health of the animal at all times;

Ensure that the animal has proper bedding in sufficient quantity for insulation against the cold and dampness and that is changed regularly; and

[5]

Maintain the indoor enclosure area in good repair to protect the animal from injury and to prevent escape.

Notification signs. All owners/permittees of an exotic animal(s) shall have continuously posted and displayed at each normal entrance onto the premises where an exotic animal is kept a conspicuous sign, clearly visible, and easily readable by the public, warning that there is an exotic animal on the premises. At least one such sign shall be located within 20 feet of the animal's confinement area using the words "BEWARE OF _____," with the last word to indicate the type of exotic animal that is being confined. In addition, the permittee shall conspicuously display a sign with a warning symbol that adequately informs children of the presence of an exotic animal.

Escape and liability for escape.

Notification of escape.

An owner/permittee shall immediately notify the Clerk-Treasurer/Village office, local humane society, the Village's animal control officer, law enforcement authorities and the County Sheriff's Department of the escape of any exotic animal for which a permit is required.

No person may intentionally release an exotic animal. If an exotic animal is released by any party, authorized or unauthorized, the owner/permittee is liable for all expenses associated with efforts to recapture the animal, and may, in addition, be subject to a forfeiture.

Liability.

The owner/permittee shall be liable for all costs incurred by any public authority or their agents and resulting from the escape of any animal for which a permit is required, including boarding, placement, veterinarian and legal fees.

Neither the Village or any agent of the Village shall be liable for the loss, death, injury or destruction of any animal for which a permit is required, nor shall the Village be liable for any injury or damage caused by any animal for which a permit is required and issued under this section.

Inspection. The owner/permittee of an exotic animal, at all reasonable times, shall allow designated inspectors of the Village, humane officers and law enforcement authorities to enter the premises where the animal is kept to ensure compliance with this section as a condition of permit issuance. Village representatives shall conduct a minimum of three periodic, unannounced inspections of the outdoor and indoor enclosure areas per twelve-month period for USDA-designated dangerous exotic animals, and a minimum of one such unannounced inspection per twelve-month period for nondangerous exotic animals, to ensure that said areas are being maintained in the manner required by this section.

Restraint and impoundment.

Animals at large may be impounded.

All exotic animals shall be kept confined or under proper restraint by their owners as provided herein and shall not be permitted to run at large. Unrestrained exotic animals and animals running at large may be taken into custody in accordance with Chapter 173, Wis. Stats., and impounded at any facility deemed appropriate for the protection of the public and with facilities and equipment that permit the facility to adequately care for the animal. Such animals shall be considered to be abandoned.

Animal control officers, designees of the Village Board, humane officers or law enforcement officers, upon receipt of information indicating probable cause of a violation of this section, may in his/her discretion, and after investigation, seize and impound an animal in emergency situations or where previous written notice has failed to produce compliance and when otherwise authorized by law.

Failure to reclaim; costs.

If an owner fails to reclaim an exotic animal within seven days of taking the animal into custody, the Village Board shall consider the animal to be unclaimed, as authorized by § 173.23(lm), Wis. Stats., and shall take such steps as authorized by law. The Village may contact the American Zoo and Aquarium Association for further assistance.

The animal's owner is liable for the costs of capture, care and placement for the exotic animal from the time of confiscation until the time of return to the owner, until the animal is disposed of, or until the time the animal has been relocated to an approved facility, such as a proper wildlife sanctuary.

If an exotic animal is confiscated due to the animal being kept in contravention of this section, the animal's owner is required to post a security bond or cash deposit with the Village and/or animal control authority in an amount sufficient to guarantee payment of all reasonable costs expected to be incurred in caring and providing for the animal, including, but not limited to, the estimated cost of feeding, medical care, and housing for at least 30 days. The posting of the bond or cash deposit shall not prevent the Village or animal control authority from disposing of the animal as permitted by law at the end of the 30 days.

An exotic animal may be returned to its owner only if, to the satisfaction of the Village Board, the possessor has a valid Village exotic animal permit, has corrected the conditions resulting in the confiscation, and has paid in full the cost of placement and care of the animal while under the care and control of the Village or Humane Society.

If the owner of a confiscated exotic animal cannot be located or if a confiscated animal remains unclaimed, the Village or Humane Society may, at its discretion, contact an approved facility, such as an institution accredited by the American Zoo and Aquarium Association (AZA), allow the animal to be adopted by a party who can satisfy the permit requirements of this section, or may euthanize the animal as permitted by law.

If an escaped exotic animal cannot be recaptured safely and is posing a threat to public health and safety, authorities may euthanize the animal as permitted by law.

Animal care.

Food and water. No owner shall fail to provide an exotic animal in his/her care with sufficient food, potable water, or shelter when needed.

Humane treatment. No person shall ill-treat, beat, torment or otherwise abuse an exotic animal.

Incidents causing injury.

Notification. All incidents in the Village in which an exotic animal injures or is suspected of injuring any person or domesticated animal shall be reported by the permittee to the Village Clerk-Treasurer within two hours of the incident.

Liability. The owner of an exotic animal shall be responsible for all expenses incurred as a result of an injury inflicted or suffered by an exotic animal, whether expenses are incurred by the family of the victim, the victim, the Village or on behalf of the animal involved.

Sanitation.

Fecal matter; odor. Any person who owns, harbors, keeps, or controls an exotic animal shall be responsible for keeping his/her property properly clean of fecal matter and to keep obnoxious odors under control.

Waste disposal. Disposal of all animal waste shall be in a manner that is consistent with normal agricultural practices and adequately protects human and animal health.

Limitation on exotic animal numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two exotic animals over five months of age at any one time, nor shall any person retain a litter/offspring, or portion thereof, of exotic animals longer than five months following birth.

Compliance; enforcement.

Transition period.

As a measure deemed necessary by the Village Board to protect the public safety, health and welfare, this section shall apply to owners of exotic animals in the Village and who possess, harbor, board or keep an exotic animal(s) on the effective date of this section.

All such existing exotic animal owners shall file with the Village Clerk-Treasurer the location, species, gender and age of each such exotic animal within 30 days of the effective date of this section.

All such existing exotic animal owners shall comply with this section, including applying for an exotic animal permit, within 90 days of the effective date of this section.

An exotic animal permit may be issued by the Village Board under the standards and procedures of this section. Failure to apply for and be granted an exotic animal permit shall result in the animal being removed from its owner by the Village, or its designees, within six months of the effective date of this section.

Enforcement. The Village Board, with the assistance of the Humane Society, animal control officers, and other law enforcement authorities, and such veterinarian assistance as may be needed shall be primarily responsible for the enforcement of this section. The Village Board may appoint additional persons as may be necessary to assist with the enforcement of this section.

Penalties. The following penalties shall apply to all violations of this section:

Forfeiture. Any person who fails to comply with the provisions of this section shall, upon adjudication of the violation, be subject to a forfeiture of not less than $100 or more than $500 per violation, plus the costs of prosecution and any assessments and expenses related to enforcement authorized elsewhere in this section. Each day of violation shall constitute a separate offense. This penalty is in addition to any other remedies for noncompliance set forth elsewhere in this section.

Interference with enforcement. It is unlawful for a permittee/owner or any other person harboring, keeping, boarding or maintaining an exotic animal to fail to comply with the provisions of this section, and/or for any person on the permittee's premises to interfere with the enforcement or administration of this section.

§ 152-12 Animal feces.

Removal of fecal matter. The owner or person in charge of any dog, cat, horse, potbellied pig, or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.

Accumulation of fecal matter prohibited on private yards.

Owner's property. The owner or person in charge of the dog, cat or other animal must also prevent accumulation of animal waste on his/her own property by regularly inspecting and properly disposing of the fecal matter.

§ 152-13 Injury to property by animals.

Rental property. Any owner of property rented to others must insure tenants do not permit the accumulation of animal waste on the rental property by tenants regularly and shall inspect and properly dispose of fecal matter.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

§ 152-14 Barking dogs or crying cats.

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. The owner of a dog or cat is considered to be in violation of this section when two formal, written complaints are filed with Village law enforcement or animal control officers or, in the alternative, with the Village Clerk-Treasurer, within a four-week period.

§ 152-15 Snakes; farm animals.

Snakes.

For purposes of this subsection, "poisonous" shall mean having the ability to cause serious harm or death by the transfer of venom or poison to a person or animal.

No person shall keep or possess any snake in the Village which is poisonous or in excess of 10 feet in length. This prohibition shall not apply to bona fide zoos, educational institutions or exhibitions keeping such snakes for display or for instructional or research purposes. Any person legally possessing any such animal in this capacity shall notify the Village Clerk-Treasurer in writing of the location and type of snake being kept and the purpose for such possession.

Farm animals; miniature pigs. Except on properties zoned in an agricultural classification, no person shall own, keep, harbor or board any cattle, horses, ponies, swine, goats, sheep, fowl (more than two) or rabbits (more than four). For purposes of this subsection, the term "swine" shall not include any miniature pigs of either sex weighing less than 80 pounds which are intended for and kept as domestic pets. No roosters will be allowed, and fowl must not be free roaming but must be contained in a shelter or run area.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 152-16 Neglected or abandoned animals.

Editor' Note: Original Secs. 7-1-17, Sale of rabbits, chicks or artificially colored animals, 7-1-18, Providing proper care, food and drink to animals, and 7-1-19, Providing proper shelter, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement or animal control officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases, the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.

If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

Whenever, in the opinion of any such officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.

§ 152-17 Cruelty to animals and birds prohibited.

Sections 173.10, Wis. Stats., Investigation of cruelty complaints, and 173.24, Wis. Stats., Reimbursement for expenses, are hereby adopted by reference and made a part of this article.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the Village or any animal control agency with whom the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

No person except a law enforcement or animal control officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.

§ 152-18 Limitation on number of dogs and cats.

Purpose. The keeping of a large number of dogs and cats within the Village of Sullivan for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.

Number limited.

No residential unit shall own, harbor or keep in its possession more than a total of three dogs or three cats, or a combined total of four dogs and cats, in any residential unit without the prior issuance of a kennel license by the Village Board, except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.

The above requirement may be waived with the approval of the Village Board when a multiple dog (kennel) license has been issued by the Village pursuant to § 152-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.

§ 152-19 Trapping of animals.

In the interest of public health and safety, it shall be unlawful for any person, in or on Village-owned land within the Village of Sullivan, to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

This section shall prohibit the use of all traps on Village-owned property other than live traps as described above, including, but not limited to, traps commonly known as "leg traps," pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.

All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they relate to trapping.

Nothing in this section shall prohibit or hinder the Village of Sullivan or its employees or agents from performing their official duties.

§ 152-20 Keeping of bees.

It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the Village unless the bees are kept in accordance with the following provisions:

No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. Such hives, stands or boxes may only be located in the rear yard.

If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.

Fresh, clean watering facilities for bees shall be provided on the said premises.

The bees and equipment shall be kept in accordance with the provisions of state law.[1][2]

Editor's Note: Original Subsection (e), which regarded conditional use permits, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Editor's Note: Original Sec. 7-1-25, Vietnamese potbellied pigs, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 152-21 Feeding of deer.

Feeding of deer prohibited. No person may place any salt, mineral, grain, deer suckers, fruit or vegetable material outdoors on any public or private property for the purpose of feeding whitetail deer or enticing deer into any specific area of anyone's property in the Village of Sullivan.

Presumption. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding whitetail deer:

Placement height. The placement of salt, mineral, grain, deer suckers, fruit or vegetable material in an aggregate quantity of greater than 1/2 gallon at the height of less than six feet off the ground.

Placement quantity. The placement of salt, mineral, grain, deer suckers, fruit or vegetable material in an aggregate quantity of greater than 1/2 gallon in a drop feeder, automatic feeder or similar device regardless of the height of the salt, mineral, grain, fruit or vegetable material.

Exceptions. This section shall not apply to the following situations:

Hunting. The placement of bait for the purpose of hunting whitetail deer subject to all other laws, ordinances, rules and regulations governing hunting and the discharge of hunting weapons.

Naturally growing materials. Naturally growing grain, fruit or vegetable material, including gardens and residue from lawns, gardens and other vegetable materials maintained as a mulch pile.

Bird feeders. Unmodified commercially purchased bird feeders or their equivalent.

Authorized by the Village Board. Deer feeding may be authorized on a temporary basis by the Village Board for a specific public purpose as determined by the Village Board.