Town of Vinland, WI
Winnebago County
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Table of Contents
Public Documents
[HISTORY: Adopted by the Town Board of the Town of Vinland as Title 7, Ch. 1, of the 2004 Code. Amendments noted where applicable.]

§ 167-1 Definitions. [1]

Definitions. In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
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 warm-blooded 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 section.
PET
An animal kept and treated as a pet.
[1]
Editor's Note: Original subsection (a), License required, of this section was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 167-2 Rabies vaccination required for license.

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 Town of Vinland 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 Town, 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 before the date immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate shall meet the requirements of § 95.21(2), Wis. Stats.
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 Town, stating the owner's name and address, the name, sex, spayed or unspayed, 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, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services and the Town.
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 paragraph 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.

§ 167-3 Issuance of dog and kennel licenses.

A. 
Dog licenses.
(1) 
It shall be unlawful for any person in the Town of Vinland 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 in accordance with the Town Board's current fee schedule.
(4) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 167-2 of this chapter, the Town Treasurer or his/her deputy shall complete and issue to the owner a license for such dog containing all information required by state law. The Town Treasurer or his/her deputy 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 § 167-2E.
(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 Town 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. Each day that any dog within the Town of Vinland continues to be unlicensed constitutes a separate offense for which a separate penalty applies.
(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 Town Treasurer or his/her deputy 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 in accordance with the Town Board's current fee schedule for a kennel. Upon payment of the required kennel license tax and, if required by the Town Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Town Treasurer or his deputy shall issue the kennel license for the number of dogs authorized to be kept in the kennel.
(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 in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.

§ 167-4 Late fees.

The Town 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.

§ 167-5 Rabies quarantine.

A. 
Dogs and cats confined. If a district or neighborhood is quarantined for rabies, all dogs and cats within the district or neighborhood 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 Town Clerk shall promptly post in at least three public places in the district or neighborhood 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 quarantine. A dog or cat which is immunized currently against rabies, as evidence by a valid certificate of rabies vaccination or other evidence, is exempt from the quarantine provisions of Subsection A if rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. A law enforcement, humane or animal control officer 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 may kill a dog or cat only as a last resort, if the owner agrees. 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. A law enforcement, humane or animal control 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. A law enforcement, humane or animal control officer 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 paragraph, "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) 
Sacrifice 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 State 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 Town, 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 Town, 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.

§ 167-6 Restrictions on keeping of dogs, cats, fowl and other animals.

A. 
Restrictions. It shall be unlawful for any person within the Town of Vinland to own, harbor or keep any dog, cat, fowl or other animal which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the Town.
(2) 
Assaults or attacks any person or destroys property.
(3) 
Is at large within the limits of the Town.
(4) 
Habitually barks or howls to the annoyance of any person or persons. (See § 167-11.)
(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.
B. 
Vicious dogs and animals.
(1) 
For purposes of enforcing this section, a dog shall be deemed as being of a vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove provided may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the law enforcement authorities.
(2) 
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.
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 Town. 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 Town ordinance to be licensed, shall be seized and impounded by a humane or law enforcement officer.
(2) 
A dog shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.
D. 
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.
E. 
Animal feces. The owner or person in charge of any dog 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.

§ 167-7 Impoundment of animals.

Animal control agency. The Town of Vinland 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, and confinement of certain animals, disposition of impounded animals and for assisting in the administration of rabies vaccination programs. The Town of Vinland does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this section.
A. 
Impounding of animals. In addition to any penalty provided for a violation of this chapter, an animal may be impounded. Any law enforcement officer, Town official, humane or animal control officer may impound an animal.
(1) 
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 Town, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer has taken such animal into his/her possession.
(2) 
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 that, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 14 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees.
(3) 
No animal shall be released from the pound without being properly licensed if so required by state law or Town ordinance.
B. 
Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the Animal Warden may sell the animal to any willing buyer.
C. 
Town not liable. The Town 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.

§ 167-8 Dogs and cats restricted in cemeteries and parks.

No dog or cat shall be permitted in any Town cemetery, park or beach. Every dog specifically trained to lead blind or hearing impaired persons shall be exempt from this section.

§ 167-9 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 a law enforcement, humane or animal control officer and shall keep such dog or cat confined for not less than 14 days or for such period of time as a law enforcement, humane or animal control officer shall direct. 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 or examination.

§ 167-10 Injury to property by animals.

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.

§ 167-11 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.[1]
[1]
Editor's Note: Original Secs. 7-1-12, 7-1-13, 7-1-14, and 7-1-16(b), (c), (d) and (e), pertaining to acts prohibited by Wisconsin Statutes which are adopted by reference in Ch. 302 of the Code and which originally appeared here in this chapter, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 167-12 Neglected or abandoned animals.

A. 
Neglected or abandoned animals.
(1) 
No person may abandon any animal.
(2) 
Any law enforcement 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, the animal 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) 
Wisconsin Statutes § 173.10, Investigation of Cruelty Complaints, and § 173.24, Reimbursement for Expenses, 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 Town or any animal control agency with whom the Town 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.

§ 167-13 Cruelty to animals and birds prohibited.

Acts of cruelty prohibited. No person, except as law enforcement, health or humane officer in the pursuit of his duties, shall within the Town commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs.

§ 167-14 Limit on number of dogs.

A. 
It shall be unlawful for any person or persons to harbor or keep more than three dogs per dwelling unit on any premises in a populated area within the Town of Vinland, with the exception that a litter of pups or a portion of a litter may be kept for a period of time not exceeding six months from birth. "Populated area" shall mean an area with five or more dwellings, each within 200 feet of another dwelling in the group.
B. 
The provisions of this section shall not apply to any properly licensed commercial kennel, pet store, pet grooming establishment or animal hospital.
C. 
The provisions of this section shall not apply if the dog owner who wishes to have more than three dogs on the premises presents to the Town Board a written request for a license, indicating upon oath that 75% of the residents over 18 years of age living within 500 feet of the property line of the premises of the petitioner approve the request to have more than three dogs on the premises. The petition also shall state the number of dogs that will be kept or maintained on the premises. A license shall be granted by the Town Board, which shall be valid for a period of three license periods after the date of the application.

§ 167-15 Animal feces.

The owner, keeper, walker or person in charge of any dog, cat 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.

§ 167-16 Animals, fowl and insects not permitted in Town.

A. 
No person shall keep within the Town of Vinland any bees, fowl, chicken, ducks, turkeys, geese, cows, cattle, horses, sheep, swine, goats, or any other domesticated livestock except such animals or fowl may be kept for commercial agricultural purposes, for slaughtering, for educational purposes, and for circuses or similar educational events. "Commercial agricultural purposes" shall mean for the period of raising animals for the purpose of slaughter or of sale for a profit not as a hobby.
B. 
A minimum of five acres must be available to keep any stable animals (horses, cattle, goats, sheep, pigs, etc.).
C. 
The total combined animal number may not exceed three animals.

§ 167-17 Violations and penalties. [1]

A. 
Any person violating §§ 167-12, 167-13, 167-14, 167-15 and 167-16 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Town 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. 
Licensing and rabies vaccination violations.
(1) 
Anyone who violates §§ 167-2, 167-3, 167-4 and 167-5 of this Code or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses.
(2) 
Any owner who refuses to comply with an order issued under § 167-5 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.
C. 
Any person who violates §§ 167-6 through 167-11 of this Code shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).