Village of Randolph, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Randolph 10-7-1998 by Ord. No. 351 as Title 7, Ch. 1, of the 1998 Code. Amendments noted where applicable.]

§ 118-1 Definitions.

In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:[1]
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warmblooded animal normally raised on farms in the United States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
NEUTERED
A dog or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this definition.
PET
An animal kept and treated as a pet.
RESIDENTIAL LOT
A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.
RESTRAIN
Includes notifying the dog's or cat's owner or an officer and requesting either the owner or officer to capture and restrain the dog or cat, or capturing and restraining the dog or cat, and killing the dog or cat if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept on the dog whenever the dog is outdoors, unless the dog is securely confined in a fenced area.
[1]
Editor's Note: Original § 7-1-1(a), License required, which immediately preceded this paragraph, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-2 Rabies vaccination requirements.

A. 
Rabies vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the Village of Randolph after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the Village, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village, stating the owner's name and address, the name, sex, whether spayed or unspayed, whether neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number and the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the Village.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog is revaccinated, whichever occurs first.
D. 
Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material, bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
E. 
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F. 
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
G. 
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.

§ 118-3 Dog licenses; kennel licenses.

A. 
Dog licenses.
(1) 
It shall be unlawful for any person in the Village of Randolph 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.
(2) 
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.
(3) 
The minimum license tax under this section shall be as set by the Village Board.
[Amended 11-4-2013 by Ord. No. 403[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 118-2 of this chapter, 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.
(5) 
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 § 118-2E.
(6) 
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.
(7) 
Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Village Clerk-Treasurer upon application therefor.
B. 
Kennel licenses.
(1) 
Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax as set by the Village Board. Upon payment of the required kennel 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 kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels 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 Chapter 375, Zoning, of this Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel 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. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. 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 kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is on a leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
(3) 
The term "kennel" means any establishment wherein or whereon more than three dogs are kept.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
No kennel license shall be issued to the keeper or operator of a kennel who fails to provide proper food and drink and proper shelter for the dogs in said kennel or who neglects or abandons said dogs. Designated officials shall investigate any complaints regarding the failure to maintain proper standards or investigate any kennel premises upon their own initiative. Expressly incorporated by reference in this section as minimum standards for kennel keepers or operators are the relevant provisions of Ch. 951, Wis. Stats.
(5) 
A condition of a kennel 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 provision. 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 kennel be found to constitute a public nuisance, the license shall be revoked and the nuisance abated pursuant to Village ordinances.

§ 118-4 Late fees. [1]

The Village Clerk-Treasurer shall assess and collect a late fee as set by the Village Board 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-5 Rabies quarantine.

A. 
Dogs and cats confined. If the Village is quarantined for rabies, all dogs and cats within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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.
C. 
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.
(1) 
Quarantine or sacrifice of dog or cat. An officer or animal warden shall order a dog or cat 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 or cat cannot be captured, 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.
(2) 
Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
D. 
Quarantine of dog or cat.
(1) 
Delivery to isolation facility or quarantine on premises of owner. An officer or animal warden who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible, but no later than 24 hours after the original order is issued, or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
(2) 
Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
(3) 
Risk to animal health.
(a) 
If a dog or cat 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 or cat 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.
(b) 
If a dog or cat 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 or cat 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.
(4) 
Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat 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 or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.
E. 
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 of 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.
F. 
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 local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
G. 
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. If the owner is unknown, the county is responsible for these expenses.

§ 118-6 Restrictions on keeping of dogs, cats, fowl and other animals.

A. 
Restrictions. It shall be unlawful for any person within the Village of Randolph to own, harbor or keep any dog or cat which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the Village.
(2) 
Assaults or attacks any person or destroys property.
(3) 
Is at large within the limits of the Village.
(4) 
Habitually barks or howls to the annoyance of any person or persons. (See § 118-12.)
(5) 
Kills, wounds or worries any domestic animal.
(6) 
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.
(7) 
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.
B. 
Vicious dogs and animals. No person shall harbor or permit to remain on his/her premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Animals running at large.
(1) 
No person having in his/her possession or ownership any animal or fowl shall allow the same to run at large within the Village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or Village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
(2) 
A dog or cat shall not be considered to be running at large if it is on a leash not to exceed 10 feet in length and under control of a person physically able to control it when the animal is off of the owner's premises.
D. 
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, except when confined in a vehicle. Every dog specially trained to lead blind persons shall be exempt from this subsection.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.

§ 118-7 Animal control agency; impoundment of animals.

A. 
Animal control agency.
(1) 
The Village of Randolph 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.
(2) 
The Village of Randolph does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.
B. 
Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, 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 chapter 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.
C. 
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 is 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 time, 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.
D. 
Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.
E. 
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.

§ 118-8 Duty of owner in case of dog or cat bite.

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

§ 118-9 Pit bulls and dangerous or vicious dogs.

[Amended 10-28-2002 by Ord. No. 363]
A. 
Authorization. This section is enacted pursuant to the general police power and the authorities granted to villages by the Wisconsin State Constitution and § 61.34, Wis. Stats., and specifically adopts the provisions of §§ 174.052, 174.06 and 174.07, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare of the citizens of the Village of Randolph. It is intended to be applicable to pit bulls and dangerous or vicious dogs, as defined herein, and to regulate such dogs by requiring responsible handling by their owners through registration, confinement, and liability insurance.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Appointment and duties of humane officers. The Village President shall appoint, subject to confirmation and approval by the Village Board, three suitable residents of the Village of Randolph who are not employees or officers of the Village to be known as "humane officers," who shall hold this office for an indefinite period. The humane officers shall be supervised by the Chief of Police and shall be utilized on an on-call basis to serve in that capacity.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DANGEROUS DOG
Any dog which is capable of inflicting death or serious injury on a person or another animal and which has:
(1) 
Without provocation, attacked or bitten a person engaged in a lawful activity;
(2) 
While off the property of its owner and without provocation, killed or seriously injured another animal;
(3) 
Without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;
(4) 
Exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or
(5) 
Acted in a manner that causes or should cause its owner to know that it is potentially vicious.
OWNER
Includes any person having a right or property in a dog, and any person who keeps or harbors a dog or has it in his care, or who acts as its custodian, and any person who permits a dog to remain on or about any premises occupied by him.
(1) 
The Staffordshire bull terrier breed of dog.
(2) 
The American pit bull terrier breed of dog.
(3) 
The American Staffordshire terrier breed of dog.
(4) 
Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.
VICIOUS DOG
Any dog which has:
(1) 
Caused death or serious injury to a person engaged in a lawful activity;
(2) 
On two or more occasions within a twelve-month period, attacked or bitten, without provocation, a person engaged in a lawful activity;
(3) 
On two or more occasions within a twelve-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or
(4) 
Been trained for dog fighting or is owned or kept for the purpose of dog fighting.
E. 
Confinement.
(1) 
Except when leashed and muzzled as provided in this section, a pit bull or dangerous dog shall be securely confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the animal from escaping. The enclosure shall include shelter and protection from the elements and shall provide exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition.
(2) 
If kept indoors, no pit bull or dangerous dog shall be kept on a porch, patio or in any part of the house or structure that would allow the dog to exit such building on its own volition. In addition, no pit bull or dangerous dog shall be kept in a house or structure when the window screens or screen doors are the only obstacle preventing the dog from exiting the structure.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Leash and muzzle. No person shall permit a pit bull or dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull or dangerous dog to be kept on a chain, rope or other type of leash outside its kennel unless a person is in physical control of the leash. Such dog(s) may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull and dangerous dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. Such muzzle shall not interfere with the dog's breathing or vision.
G. 
Prohibitions and limitations. It shall be unlawful for any person to keep within the Village limits:
(1) 
Any vicious dog. Upon finding that a dog is vicious, the Chief of Police and humane officers must order the dog to be impounded and destroyed or to be removed from the Village.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any dangerous dog, except in compliance with the requirements set forth in this section.
(3) 
Any pit bull dog, except in compliance with the registration requirements on the day this section becomes effective and also subject to the requirements set forth in Subsection I. If the pit bull dog is deemed vicious, the Chief of Police and humane officers must order the dog to be impounded and destroyed or to be removed from the Village.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Complaints of dangerous and vicious dogs; processing of complaints.
(1) 
Any person may make a verbal or written complaint to the Randolph Police Department of a dog that the complainant believes to be dangerous or vicious. The complaint shall include sufficient information to enable the Chief of Police to ascertain the location and owner of the dog and shall also include the reasons why the complainant believes the dog to be dangerous or vicious. In the case of a verbal complaint, the Chief of Police shall put the complaint in writing. A copy of the complaint shall then be mailed by certified mail or delivered by personal service to the owner of the dog at the owner's last known address.
(2) 
Within 10 days of the making of the complaint, the Chief of Police and humane officers shall undertake an investigation to determine whether the dog identified in the complaint is dangerous or vicious. Such investigation shall include an opportunity for the owner of the dog to present evidence to the Chief of Police and humane officers pertinent to the dangerousness or viciousness of the dog and may include interviews with the complainant and other person(s) having personal knowledge regarding the dog and observations of the dog in its normal habitat.
(3) 
Upon completion of the investigation, the Chief of Police and humane officers shall determine whether the dog identified in the complaint is dangerous or vicious.
(a) 
If the Chief of Police and humane officers determine that the dog is neither dangerous nor vicious, the Chief of Police shall inform the complainant and the owner of the determination, and no further action shall be taken on the complaint.
(b) 
If the Chief of Police and humane officers determine that the dog is vicious, the Chief of Police shall put the determination in writing, as well as the reasons supporting it. The Chief of Police shall then personally serve this written determination on the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the Village. The Chief of Police may issue a summons or warrant against the owner of a vicious dog and immediately impound the dog.
(c) 
If the Chief of Police and humane officers determine that the dog is dangerous, the Chief of Police shall put the determination in writing, as well as the reasons supporting it. The Chief of Police shall then personally serve this determination on the owner and, in addition, shall notify the owner of the requirements to keep a dangerous dog in the Village as provided in this section.
I. 
Requirements for keeping a dangerous dog or a pit bull dog within the Village of Randolph limits. Upon receipt of a determination by the Chief of Police and humane officers that a dog is dangerous or upon owner possession of a pit bull dog, the owner may keep the dog within the Village only so long as the owner complies with the requirements set forth in this section. The requirements are as follows:
(1) 
That the owner obtains a permit from the Chief of Police and pays a yearly permit fee as set by the Village Board. This permit shall be obtained immediately upon determination and renewed each year thereafter. The owner also shall provide the Village Clerk-Treasurer with two color photographs of the dog clearly showing the color and approximate size of the dog.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
That the owner, within five days of the determination, provide proof to the Village Clerk-Treasurer of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days' written notice is first given to the Village Clerk-Treasurer.
(3) 
That the owner immediately notify the Chief of Police in the event the dog is loose and unconfined, has attacked or injured a human being or another animal, has been sold or given to another person (must supply name and address of new owner), or has died.
(4) 
That the dog, while on the property of the owner, be confined indoors or in a securely enclosed and locked structure, suitable to prevent the entry of children and designed to prevent the dog from escaping. (See Subsection E.)
(5) 
That the owner, immediately upon determination, displays in a prominent place on his premises a sign easily readable by the public using the words "beware of dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(6) 
That the dog, while outside its kennel, pen or indoor confinement, be leashed and muzzled as per Subsection F.
J. 
Failure to comply. It shall be unlawful for the owner, keeper or harborer of a dangerous or pit bull dog registered with the Village to fail to comply with the requirements and conditions set forth in this section. If a vicious dog is not removed from the Village or if a pit bull or dangerous dog is not dealt with by the owner pursuant to the requirements of Subsection I, due to such failure on the part of the owner, the Police Department shall impound the dog and have the dog humanely destroyed. All costs of such impoundment and humane destruction shall be assessed to the owner of the dog, and the owner of the dog shall be subject to a forfeiture of not less than $25 per day nor more than $250 per day during the period of violation.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-10 Animal feces.

A. 
Removal of fecal matter. The owner or person in charge of any dog, cat, horse, 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.
B. 
Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his/her own property by regularly patrolling and properly disposing of the fecal matter.

§ 118-11 Damage to property prohibited.

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, flowerbed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

§ 118-12 Barking dogs or crying cats.

[Amended 7-2-2007 by Ord. No. 377]
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 complaints are filed with the Police Department. Upon receiving the first complaint, the Police Department will investigate said complaint and, if sufficient basis is found, the Police Department will then contact the owner of the dog or cat, making the owner aware of the complaint, and a report will be filed at the police station. Second and subsequent complaints will result in a citation being issued to the owner of the dog or cat.

§ 118-13 Protected and prohibited animals; exceptions; farm animals.

A. 
Protected animals.
(1) 
Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the Village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), or Mexican ridley turtle (lepidochelys kempi).
(2) 
Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3) 
Regulating the importation of certain 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 the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
B. 
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
C. 
Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities, except for dangerous or pit bull dogs kept in accordance with § 118-9 of this chapter. Specifically, it shall be unlawful for any person to keep, maintain or have in his/her possession or under his/her control within the Village any of the following animals, reptiles or insects:[1]
(1) 
All poisonous animals and reptiles, including rear-fang snakes.
(2) 
Apes: chimpanzees (pan); gibbons (hylobates); gorillas (gorilla); orangutans (pongo); ans siamangs (symphalangus).
(3) 
Baboons (papoi, mandrillus).
(4) 
Bears (ursidae).
(5) 
Bison (bison).
(6) 
Cheetahs (acinonyx jubatus).
(7) 
Crocodilians (crocodilia), 30 inches in length or more.
(8) 
Constrictor snakes.
(9) 
Coyotes (canis latrans).
(10) 
Deer (cervidae); includes all members of the deer family; for example, whitetailed deer, elk, antelope and moose.
(11) 
Elephants (elephas and loxodonta).
(12) 
Game cocks and other fighting birds.
(13) 
Hippopotami (hippopotamidae).
(14) 
Hyenas (hyaenidae).
(15) 
Jaguars (panthera onca).
(16) 
Leopards (panthera pardus).
(17) 
Lions (panthera leo).
(18) 
Lynxes (lynx).
(19) 
Monkeys, old world (cercopithecidae).
(20) 
Ostriches (struthio).
(21) 
Pumas (felis concolor), also known as "cougars," "mountain lions" and "panthers."
(22) 
Rhinoceroses (rhinocero tidae).
(23) 
Sharks (class chondrichthyes).
(24) 
Snow leopards (panthera uncia).
(25) 
Tigers (panthera tigris).
(26) 
Wolves (canis lupus).
(27) 
Poisonous insects.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; and zoological gardens, if:
(1) 
Their location conforms to the provisions of Chapter 375, Zoning, of this Code.
(2) 
All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) 
Animals are maintained in quarters so constructed as to prevent their escape.
(4) 
No person lives or resides within 100 feet of the quarters in which the animals are kept.
E. 
Farm animals. Except on properties zoned in an agricultural classification, no person shall own, keep, harbor or board:[2]
(1) 
Any cattle, horses, ponies, swine, goats or sheep.
(2) 
More than two fowl.
(3) 
More than four rabbits.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Keeping of mink prohibited. All persons are prohibited from keeping, feeding, raising and breeding mink of either wild or domesticated species within the Village of Randolph.[3]
[3]
Editor's Note: Original §§ 7-1-14, Sale of rabbits, chicks or artificially colored animals, 7-1-15, Providing proper food and drink to confined animals, and 7-1-16, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-14 Neglected, abandoned or injured animals.

A. 
Neglected or abandoned animals.
(1) 
No person may abandon any animal.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
Section 173.10, Investigation of cruelty complaints, and § 173.24, Reimbursement of expenses, of the Wisconsin Statutes are hereby adopted by reference and made a part of this chapter.
B. 
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 which 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.

§ 118-15 Cruelty to animals and birds prohibited. [1]

No person, except a law enforcement officer 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 nest or bird's eggs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-16 Limitation on number of dogs and cats.

A. 
Purpose. The keeping of a large number of dogs and cats within the Village of Randolph 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.
B. 
Number limited.
(1) 
No person or family shall own, harbor or keep in its possession more than three dogs or three cats, or a total of five dogs and cats, on any residential lot 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The above requirement may be waived with the approval of the Village Board when a kennel license has been issued by the Village pursuant to § 118-3B. Such application for waiver shall first be made to the Village Clerk-Treasurer.

§ 118-17 Trapping of animals.

A. 
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 Randolph, 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.
B. 
This section shall prohibit the use of all traps 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.
C. 
All such traps set, placed or tended shall comply with Ch. 29, Wis. Stats., as it relates to trapping.
D. 
Nothing in this section shall prohibit or hinder the Village of Randolph or its employees or agents from performing their official duties.

§ 118-18 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:
A. 
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.
B. 
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.
C. 
Fresh, clean watering facilities for bees shall be provided on the said premises.
D. 
The bees and equipment shall be kept in accordance with the provisions of state law.
E. 
A conditional use permit shall first be obtained pursuant to Chapter 375, Zoning, of this Code.

§ 118-19 Vietnamese potbellied pigs. [1]

No Vietnamese potbellied pigs shall be allowed in the Village.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 118-20 Violations and penalties. [1]

A. 
Any person violating § 118-14, 118-16, 118-17, 118-18 or 118-19 shall be subject to a forfeiture of not less than $100 and not more than $1,000. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B. 
Anyone who violates §§ 118-1, 118-2, 118-3, 118-4 and 118-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $100 and not more than $1,000.
C. 
An owner who refuses to comply with an order issued under § 118-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000.
D. 
Any person who violates §§ 118-6 through 118-13 of this chapter shall be subject to a forfeiture of not less than $100 and not more than $1,000.
E. 
Each day that a violation of this chapter continues shall be deemed a separate violation. Any dog found to be the subject of a violation of this chapter shall be subject to immediate seizure, impoundment and removal from the Village by Village officials in the event the owner or keeper of the dog fails to remove the dog from the Village. In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including shelter, food, handling and veterinary care necessitated by the enforcement of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).