[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.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:[1]
Mammals, reptiles and birds.
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.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warmblooded animal normally raised on farms in the United
States and used for food or fiber.
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.
A dog or cat having nonfunctional reproductive organs.
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.
An animal kept and treated as a pet.
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.
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.
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.
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]
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.
[Amended 5-5-2014 by Ord.
No. 406]
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.
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; 5-5-2014 by Ord. No. 406]
(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.
[Amended 5-5-2014 by Ord.
No. 406; 1-7-2019 by Ord. No. 422]
(1)
Existing
kennels at the time this section is approved are the only kennel licenses
that will be allowed in the Village of Randolph. Existing grandfathered
licenses will be allowed a maximum number of dogs according to the
number of dogs licensed in 2018. Kennel operators must have dogs vaccinated.
Kennel owners or keepers must obey all ordinances pertaining to dogs.
(2)
"Kennel"
is any premises wherein any person owns four or more dogs and engages
in the business of boarding, breeding, buying, letting for hire, training
for a fee, or selling of dogs.
(3)
An
annual license shall be issued upon payment of the applicable fee.
Application and a fee as set by the Village Board for a kennel of
12 of fewer dogs and an additional fee as set by the Village Board
for each dog in excess of 12 dogs shall be submitted.
(4)
Upon
payment of the required kennel license fee and upon presentation of
evidence that all dogs over five months of age are currently immunized
against rabies, the Village ClerkTreasurer shall issue the kennel
license and a number of tags equal to the number of dogs authorized
to be kept in the kennel. The kennel owner or keeper shall keep at
all times a kennel license tag attached to the collar of each dog
over five months of age kept under a kennel license.
(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.
[Amended 5-5-2014 by Ord.
No. 406]
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.
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.
[Amended 5-5-2014 by Ord.
No. 406]
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.
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.
(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]
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]
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.
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.
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.
[Amended 10-28-2002 by Ord. No. 363; 5-5-2014 by Ord. No. 406; 6-7-2021 by Ord. No. 428]
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.
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 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.
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.
DANGEROUS DOG
(1)
(2)
(3)
(4)
(5)
OWNER
VICIOUS DOG
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any dog which is capable of inflicting death or serious injury
on a person or another animal and which has:
Without provocation, attacked or bitten a person engaged in
a lawful activity;
While off the property of its owner and without provocation,
killed or seriously injured another animal;
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;
Exhibited a propensity, tendency or disposition to attack, cause
injury or threaten the safety of persons or other animals without
provocation; or
Acted in a manner that causes or should cause its owner to know
that it is potentially vicious.
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.
Any dog which has:
Caused death or serious injury to a person engaged in a lawful
activity;
On two or more occasions within a twelve-month period, attacked
or bitten, without provocation, a person engaged in a lawful activity;
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
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 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 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 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.
F.
Leash and muzzle. No person shall permit a 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 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 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:
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 within the Village of Randolph limits.
Upon receipt of a determination by the Chief of Police and humane
officers that a dog is dangerous, the owner may keep the dog within
the Village only so long s 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.
(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.
J.
Failure to comply. It shall be unlawful for the owner, keeper or harborer of a dangerous 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 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.
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.
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.
[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.
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.
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:
(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.
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.[2]
[2]
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 5-5-2014
by Ord. No. 406.
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.
[Amended 5-5-2014 by Ord.
No. 406]
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.
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 a total of three dogs and/or cats on any residential lot, 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.
[Amended 5-5-2014 by Ord.
No. 406; 1-7-2019 by Ord. No. 422]
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.
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.
No Vietnamese potbellied pigs shall be allowed in the Village.
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.
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.
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.
