[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 7, Ch. 1, of the 2004 Code. Amendments noted where applicable.]
Definitions. In this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
indicated:
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 warm-blooded 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 section.
An animal kept and treated as a pet.
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.
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.
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.
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]
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]
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.
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.
(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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
