[HISTORY: Adopted by the Village Board of the Village of Rothschild 9-26-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 407.
Peace and good order — See Ch. 422.
[1]
Editor's Note: This ordinance repealed former Ch. 195, Animals, adopted 3-10-2016.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADULT
An animal over five months of age.
ANIMAL
Mammals, reptiles and birds.
ANIMAL WELFARE ACT
Federal animal welfare regulations as adopted by the United States Department of Agriculture.
AT LARGE
To be off the premises of the owner and not under the control of some person by leash.
BREED
A domestic race of animals (selected and maintained by humans) with a common gene pool and a characterized appearance and function.
CAT
A domesticated animal of the feline type (Felis domesticus), except for a feral cat.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
A domesticated animal of the canine type (Canis familiaris); young animals (puppies) of this type are considered dogs. It shall not include any animal which is in whole or in part of the Canis lupus or wolf species.
ENFORCEMENT OFFICIAL
Any Village police officer, the County Sheriff's Department, or any other person designated by the Village to enforce state statutes and local ordinances as they pertain to animal control.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used or intended for use as food or fiber.
KEEPER OF A KENNEL
Any person operating a legal kennel.
KENNEL
A facility where dogs, cats or other animals are kept for boarding, grooming, training, breeding, purchase, sale or similar purposes for compensation. Such establishments may include incidental sale of pet supplies. This does not include animal shelters or a facility owned or operated by a veterinarian where animals are boarded only in conjunction with the provision of veterinary care. This pertains to commercial and noncommercial kennel permits.
KENNEL LICENSE
A written approval from the Village allowing the keeper of a kennel to exceed the permitted number of cats or dogs and operate a kennel as specified in this article.
OWNER
Any person owning, harboring or keeping an animal, and the occupant of any premises on which an animal remains or to which it customarily returns daily for a period of five days is presumed to be harboring or keeping the animal within the meaning of this Code.
PET
An animal kept and treated as a pet.
TEMPORARY FOSTER CARE
The care of animals on a full-time, temporary basis (no more than three months) by persons other than their owner.
VETERINARY HOSPITAL OR CLINIC
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries in animals.
B. 
Construction and application. This chapter shall not be interpreted as controverting any law regulating the taking of game as defined in § 29.001, Wis. Stats.; the trapping of animals; the use of live animals in dog trials or in the training of hunting dogs; or the slaughter of animals by persons acting under state or federal law.
No person shall bring into, keep or maintain in the Village any bees, wasps, hornets, poisonous snakes, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code or pursuant to § 823.08, Wis. Stats. The prohibitions herein do 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 like show; dog or cat shows or trials; or public or private educational institutions. Also see § 195-28.
No person may treat any animal, whether belonging to himself or another, in a cruel manner. Section 174.13, Wis. Stats., is hereby adopted by reference and incorporated into this code.
No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of this Village or held for any purpose without the owner's consent. This section does not apply to enforcement officials engaged in the exercise of their official duties or as otherwise permitted herein.
No person shall lead any animal upon a Village street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.
A. 
No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in § 961.14, Wis. Stats., whether mixed with meat or other food or not, where:
(1) 
It is reasonable to anticipate the substance may be eaten by such animal; or
(2) 
For the purpose of harming the animal.
B. 
This section shall not apply to poison used on one's own premises and designed for the purpose of rodent or pest extermination nor the use of a controlled substance used in accepted veterinary practice or in research by persons or organizations regularly engaged in such research.
No person may, directly or indirectly, or by aiding, abetting or permitting the doing thereof, either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.
A. 
No person may instigate, promote, aid or abet, as a principal, agent, employee or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for a cockfight, dogfight, bullfight or any other fight between the same or different kinds of animals or between an animal and a person. This section does not prohibit events or exhibitions commonly featured at rodeos or bloodless bullfights.
B. 
No person may own, possess, keep or train any animal with the intent that the animal be engaged in an exhibition of fighting.
No person may instigate, promote, aid or abet, as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.
A. 
No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.
B. 
No retailer, as defined in § 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity fewer than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.
No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.
A. 
No more than four adult animals per household, with a combination of three adult dogs and/or three adult cats, shall be kept in or upon one single-family residential unit or by one or more persons constituting one residential unit, unless the premises is licensed as a kennel, except that service animals pursuant to the Americans with Disabilities Act and § 106.52(1)(fm), Wis. Stats., shall not be counted towards these numbers.
B. 
No more than two adult animals per multifamily residence, with a combination of two adult dogs and/or two adult cats, shall be kept in or upon one multifamily family residential unit or by one or more persons constituting one residential unit, unless the premises is licensed as a kennel, except that service animals pursuant to the Americans with Disabilities Act and § 106.52(1)(fm), Wis. Stats., shall not be counted towards these numbers.
No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water, as prescribed in this section.
A. 
Food. The food shall be sufficient to maintain all animals in good health.
B. 
Water. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animals.
No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.
A. 
Indoor standards. Minimum indoor standards of shelter shall include:
(1) 
Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
(2) 
Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
B. 
Outdoor standards. Minimum outdoor standards of shelter shall include:
(1) 
Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this subsection, "caged" does not include farm fencing used to confine farm animals.
(2) 
Shelter from inclement weather. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. Example: If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.
C. 
Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(1) 
Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
(2) 
Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.
D. 
Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include daily cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
A. 
No person may intentionally abandon any animal.
B. 
Any enforcement official may remove, shelter and care for any animal found to be cruelly exposed to 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. This subsection shall not preclude any common-law right the keeper may have to recover the cost of distrainment from the owner.
C. 
If the owner or custodian is not known and cannot with reasonable effort be ascertained, or if the owner or custodian does not, within seven days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such. This subsection shall not be interpreted as lengthening the holding time required of any animal control agency, such as described in § 195-25 below or length specified by the State of Wisconsin.
A. 
Vaccination against rabies. This means the inoculation of a dog, cat or other animal (hereinafter called "pet"), susceptible to rabies and kept as a pet, with a rabies vaccine licensed by the United States Department of Agriculture. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine in the State of Wisconsin.
B. 
Rabies vaccination required. The owner of such a pet shall have the pet vaccinated against rabies by a veterinarian within 30 days after the pet reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the pet or brings the pet into the Village after the pet has reached four months of age, the owner shall have the pet vaccinated against rabies within 30 days after the dog is obtained or brought into the Village, unless the pet has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a pet shall have the pet revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination.
C. 
Duties of owner; vaccination tag. It shall be the duty of each owner, at the time of vaccinating any such pet, to immediately attach the tag to the collar or harness of the pet. The tag shall be worn by the pet at all times. The tag shall be numbered and show the month and year of issuance.
D. 
Impoundment for rabies observation. Any pet or animal which may transmit rabies to another pet or animal or to humans and which has bitten or scratches a human shall be dealt with as follows:
(1) 
If suspected of having rabies, it shall be impounded at the Marathon County Humane Society or at the facility of a licensed veterinarian.
(2) 
A veterinarian shall by examination determine if the pet or animal manifests the symptoms of rabies. If the examiner suspects rabies is present, the pet or animal shall be confined in the care of the Humane Society or a licensed veterinarian. If the examiner finds no manifestations of rabies, in the sole discretion of the examiner, the pet or animal may be confined by the owner, if it has a current vaccination and the vaccination tag was attached at the time the animal was first seized. Confinement shall be for a period of 10 days. Reexamination shall be made prior to release from confinement. If the examiner finds no manifestation of rabies upon such reexamination, the confinement shall end. If the examiner suspects rabies may be present, however, an additional ten-day confinement may be ordered in the sole discretion of the examiner.
(3) 
The Village Police Department shall be notified of all such bites or scratches within 12 hours of such occurrence.
E. 
Handling of animals bitten or scratched by rabid animals. In the case of animals known to have been bitten or scratched by a rabid animal, the following rules shall apply:
(1) 
Unvaccinated pets.
(a) 
Animals which have been bitten or scratched by a known or suspected rabid animal should be immediately destroyed, except as in Subsection E(1)(b) below.
(b) 
If the owner is unwilling to destroy the bitten, scratched or exposed pet or animal, strict isolation in a kennel under veterinary supervision for a minimum of six months shall be enforced. The unvaccinated pet shall be vaccinated immediately.
(2) 
Pets vaccinated in accordance with this chapter shall be:
(a) 
Immediately revaccinated and confined for a period of 30 days following revaccination. If not immediately revaccinated, it shall be confined in strict isolation in a kennel for six months under the supervision of a veterinarian.
(b) 
Destroyed if the owner does not comply with Subsection E(2)(a).
F. 
Impoundment of pets without a valid rabies vaccination tag.
(1) 
If any pet is found off the owner's premises and not wearing a valid rabies vaccination tag, the owner shall be notified, if known. If the owner is not known or cannot produce a valid vaccination certificate, the pet shall be impounded at the Marathon County Humane Society. In lieu of impoundment, the authorizing agency may require the owner to furnish a vaccination certificate within 72 hours after notification. If a vaccination certificate is not furnished within said seventy-two-hour period, the pet shall be impounded.
(2) 
Notice of impoundment of all animals, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated pet may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and complying with rabies vaccination requirements of this chapter within 72 hours of release. Any vaccinated pet impounded because of lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.
(3) 
Every animal six months of age and older shall be licensed only upon proof of rabies vaccination in accordance with the above provisions.
A. 
Every owner of a dog and/or cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually or within 30 days from the date such dog and/or cat becomes five months of age, at the time and in the manner provided by law for the payment of property taxes, pay his/her dog and/or cat license fee and obtain a license therefor. No such license shall be issued without proof of compliance with § 195-16, Rabies control.
B. 
The license fees are set by the Village Board.
A. 
The term "kennel" is defined in § 195-1.
B. 
Any person who keeps or operates a kennel may, in lieu of the license tax for each animal required by this chapter, apply to the Village Treasurer for a kennel license for the keeping or operating of such kennel. For such kennel the license tax shall be set by the Village Board. With such kennel license the Treasurer shall issue a number of tags equal to the number of animals authorized to be kept in the kennel.
C. 
Kennel license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The licensee of a kennel shall at all times keep one of such tags attached to the collar of each animal over five months of age. Such tags may be transferred from one animal to another within the kennel, whenever any animal is removed from the kennel. No animal shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless it bears a kennel license tag and is on a leash, unless the animal is presently engaged in an activity listed in § 195-2.
D. 
License required. It shall be unlawful to operate a kennel in the Village without first obtaining a license pursuant to this chapter.
(1) 
Any person who keeps or operates a kennel shall apply to the Village for a license for the keeping or operating of such kennel. Each kennel location operated shall be considered a separate enterprise, and each enterprise shall have a license.
(2) 
A license is valid for 12 months and must be renewed annually.
(3) 
A license may be revoked at any time if the keeper of the kennel fails to comply with all laws and regulations related to the care and keeping of animals or any conditions set under this chapter. Prior to issuance of such license by the Village and annually thereafter, the premises may be inspected by an enforcement official to ensure that the premises complies with the provisions of this chapter.
(4) 
The license shall be prominently displayed on the premises of the licensed kennel.
(5) 
Subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., no license to operate a kennel shall be issued to any person who has been convicted of crimes against animals pursuant to Ch. 951, Wis. Stats.
(6) 
Licenses issued on the basis of false information supplied by the applicant may be revoked, and operation of the subject kennel shall be terminated upon revocation of the license.
E. 
Application and fee.
(1) 
Each person requiring a license under this section shall complete an application form furnished by the Village and shall file the completed application with the Village Clerk and will be approved by the Village Board.
(2) 
The annual fee to be paid to the Village for a kennel license shall be set by the Village Board.
(3) 
Term of license. Licenses issued under this subsection shall expire annually on December 31.
F. 
Review of license.
(1) 
The Police Department and Administrator of Public Works shall review the application and shall make a recommendation to the Village Board whether to grant or deny the license based on the material submitted in the application, the submitted operational plan and its compliance with applicable zoning.
(2) 
The Village Board, after receiving a recommendation from the Police Department and Administrator of Public Works, shall vote to grant or deny the license. In addition to the operational plans of Subsection I below, the failure to comply with such conditions may be cause for revocation of the license.
G. 
Renewal. If the applicant has had no past violations under his or her license for the past year, then at the recommendation of an enforcement official, the Village Board may waive the requirement for the renewal application to be reviewed by it.
H. 
Limitations. A kennel license may only be granted for a property on which a kennel is a permitted zoning use or property for which a conditional use permit has been granted.
I. 
Operations. All kennels shall comply with the following standards:
(1) 
There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Litter and/or bedding material shall be changed as often as necessary, and there shall be adequate ventilation to prevent an odor nuisance.
(2) 
Feces shall be removed from cages, pens and enclosures daily to prevent unsanitary conditions and odor nuisance.
(3) 
All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting and shall have secure latches in good repair. Each cage must be of sufficient size that the animal will have room to stand, turn, and stretch out to its full length.
(4) 
The floor and walls of any room in which animals are kept shall be covered with impervious, smooth, cleanable surface. The floors and walls shall be cleaned and disinfected as often as necessary to prevent an odor nuisance.
(5) 
The premises shall be kept free of insect and rodent infestations. Food supplies shall be stored in rodent-proof containers.
(6) 
There shall be available hot water for washing cages. Fresh drinking water shall be available to all species at all times. All water containers shall be mounted so the animal cannot easily turn them over and be removable for cleaning.
(7) 
Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over or defecate or urinate in same.
(8) 
All animals must be fed and watered according to the accepted procedure for that species and cages cleaned every day.
(9) 
Shade from the direct rays of the sun shall be provided for all animals.
J. 
Selling/transfer of animals.
(1) 
It is the duty of the seller to ensure that all animals sold or otherwise transferred are healthy, parasite free, and current with regard to vaccinations at the time of sale or transfer.
(2) 
Records of all sales or adoptions of animals shall be maintained by the seller for a period of two years. Records will include the date of the transaction, species and breed, date of birth, sex, color and description of the animal, and the name and address and telephone number of the purchaser or adopter. Records shall be available on request to any enforcement official.
(3) 
No seller shall exceed the limitations on sales stated in § 173.41, Wis. Stats., without also securing a proper license from the State Department of Agriculture, Trade and Consumer Protection, Division of Animal Health.
(4) 
Any violation of this section constitutes an ordinance violation and may also result in the suspension or revocation of license to operate a kennel or other commercial animal establishment.
(5) 
The Rothschild Police Department shall give the licensee notice of the violation and of the repercussion of that violation. The licensee may request a hearing before the Village Board with regard to suspension or revocation of the license; such request must be made in writing within 10 days from when notice is received.
K. 
Inspection.
(1) 
Enforcement officials shall be permitted to inspect all kennels and animals therein at any time during the business hours of the establishment or at other reasonable times.
(2) 
All reports of such inspections shall be made in writing and maintained by an enforcement official.
(3) 
Enforcement officials are authorized to enter the structure or premises wherein a kennel regulated under this chapter is maintained at reasonable times to inspect.
(4) 
If the owner or those in possession of a structure or premises wherein a kennel regulated under this chapter is maintained refuse inspection of said kennel, the enforcement official may obtain an inspection warrant from Marathon County Circuit Court in order to determine if the kennel is maintained in accordance with Village ordinances.
(5) 
Refusal to permit inspection may result in revocation of license to operate a kennel. The enforcement official shall give the licensee notice of this action. The licensee may request a hearing before the Village Board with regards to the revocation; such request must be made, in writing, to the Village Clerk within 10 days from the refusal to inspect.
(6) 
In the event that an enforcement official finds the kennel in violation of any law or regulation related to the care or keeping of animals, including any section of this chapter, the kennel shall have 30 days to correct the violation or the license shall be revoked.
(7) 
Nothing in this section shall inhibit an enforcement official from requesting the search and/or seizure of any premises from a court of competent jurisdiction.
L. 
Violations. Licensees will be allowed up to 30 days, following written notification of any violations of this subsection or any subsection of this chapter by the enforcement official to correct any violations. Failure to correct these violations shall result in immediate revocation of the license by the Village Board.
M. 
Appeal; denial or revocation of a license.
(1) 
Any person who is denied a license or whose license is revoked may appeal the denial or revocation to the Zoning Board of Appeals within 60 days of the date of the denial or revocation of the license.
(2) 
All requests for appeals must be in writing and addressed to the Clerk, whereupon the Clerk shall set the appeal for hearing within 45 days of the receipt of the written request.
A. 
It shall be unlawful to own, keep or harbor a dog or cat or other animal and permit such animal to run at large in the Village.
B. 
Under the provisions of this section, the animal shall be considered as running at large when it is not on the premises of its owner, unless it is on a leash, is being exercised pursuant to § 195-22 below, is in or upon a vehicle or boat, or is in or on the property of another who does not object to the presence of such animal.
[Amended 7-8-2019]
A. 
No vicious animal shall be allowed off the premises of its owner unless muzzled or on a leash and in the charge of an adult of at least 18 years of age. For purposes of enforcing this section, an animal 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.
B. 
No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after vehicles.
Any female dog or cat in a heat cycle shall be kept confined in a building or secure kennel enclosure, veterinary hospital, boarding kennel or special precautions should be taken during a heat cycle to prevent contact with other animals.
[Amended 7-8-2019]
A. 
Any person exercising or walking an animal shall have the animal on a leash and under their immediate control while on public property and in Village parks. Animals are prohibited in fenced areas in Village parks intended for other public uses.
[Amended 9-12-2022]
B. 
The prohibition in § 195-22A does not apply in the Cedar Creek recreation area and where there are animals during hunting or training activities on parcels open to hunting; projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other like show; dog or cat shows or trials; a public or private educational institution; or to service animals pursuant to the Americans with Disabilities Act[1] and § 106.52(1)(fm), Wis. Stats.
[Amended 4-25-2022]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C. 
No person who has the care, custody, or control of any animal shall allow or permit the animal to defecate upon property not owned or controlled by such person, or without such other property owner's consent. Any defecation on property not owned or controlled by such person, or without such other property owner's consent, must be immediately and properly removed. The Village hereby declares that no person who has the care, custody, or control of any animal is permitted to allow such animal to defecate upon any Village property.
D. 
Owners who permit their animal(s) to be off leash other than as provided in § 195-22B shall be subject to penalty.
No person shall own, keep, possess or harbor any animal within the Village which by frequent or habitual howling, yelping, barking, or wailing shall disturb other persons, provided that the provisions of this section shall not apply to licensed animal hospitals operated for the treatment of animals or to the premises used and occupied by the Village for impounding animals.
A. 
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 that the owner of such animal cannot be located, an enforcement official shall have the authority to take custody of such animal for the purpose of seeing that it receives medical treatment, and the owner thereof shall reimburse the costs of such treatment.
B. 
The operator of any vehicle involved in an accident resulting in injury to or death of a dog, cat or other animal which appears to be a pet shall immediately notify an enforcement official.
A. 
The Village Board of the Village of Rothschild may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of a Village animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals, and assisting in the administration of rabies vaccination programs.
B. 
The Village Board of the Village of Rothschild does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this chapter as an enforcement official.
The Village of Rothschild and/or its enforcement officials shall not be liable to any person for the death, destruction, injury or disease caused to any animal that has been impounded pursuant to this chapter.
Every person, firm or corporation convicted of a violation of any of the provisions of this article shall, for each offense, be punished by a forfeiture not to exceed $50, together with the cost of prosecution, and in lieu of payment and costs assessed shall be imprisoned in the county jail for a term not to exceed 15 days.
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 (Ursus maritimus), red wolf (Canis lupus rufus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas) or Mexican ridley turtle (Lepidochelys kempii).
(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 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 importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding deferral permits or by a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state or by any person or organization licensed to present a circus.
C. 
Prohibition on keeping wild animals. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any of the following animals:
(1) 
All poisonous animals, including rear-fang snakes.
(2) 
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3) 
Baboons (Papio, Mandrillus).
(4) 
Bears (Ursidae).
(5) 
Bison (Bison).
(6) 
Cheetahs (Acinonyx jubatus).
(7) 
Crocodilians (Crocodilia), 30 inches in length or more.
(8) 
Constrictor snakes, six feet in length or more.
(9) 
Coyotes (Canis latrans).
(10) 
Deer (Cervidae); includes all members of the deer family, for example, white-tailed 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 camelus).
(21) 
Piranha fish (Characidae).
(22) 
Pumas (Felis concolor), also known as cougars, mountain lions and panthers.
(23) 
Rhinoceroses (Rhinocerotidae).
(24) 
Sharks (class Chondrichthyes).
(25) 
Snow leopards (Panthera uncia).
(26) 
Swine (Suidae).
(27) 
Tigers (Panthera tigris).
(28) 
Wolves (Canis lupus).
(29) 
Bees, wasps and hornets.
(30) 
Poisonous insects.
(31) 
Ferrets, skunks and raccoons.
D. 
Exceptions. The provisions of Subsection C above shall not apply pursuant to § 823.08, Wis. Stats., or 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; zoological gardens; and state-licensed educational institutions, if:
(1) 
Their location conforms to the provisions of the zoning ordinances for the Village.
(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.