[Adopted 12-15-2015 by Ord. No. 1130-2015]
As used in this article, the following terms shall have the
meanings indicated:
Any mammal (excluding humans), bird, reptile, amphibian,
mollusk, or arthropod or any egg of any bird, reptile, amphibian,
mollusk or arthropod, or fish.
Any animal that when unprovoked bites, injures, kills, or attacks
a human being or domestic animal on either public or private property.
The following are exceptions to the definition of a vicious
animal:
No animal may be declared vicious if death, injury or damage
is sustained by a person who, at the time such was sustained, was
committing a trespass of the dwelling upon the premises occupied by
the owner of the animal, or was teasing, tormenting, abusing or assaulting
the animal or was committing or attempting to commit a crime or violating
or attempting to violate an ordinance which protects person or property.
No animal may be declared vicious if death, injury, or damage
was sustained by a domestic animal which, at the time such was sustained,
was teasing, tormenting, abusing, or assaulting the animal.
No animal may be declared vicious if the animal was protecting
or defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
No animal may be declared vicious for acts committed by said
animal while being utilized by a law enforcement agency for law enforcement
purposes while under the control and direction of a law enforcement
officer.
Any species that has been selectively bred for hundreds of
generations to accept humans or live with humans so as to live and
breed in a tame condition, depend on humankind for survival, and are
commonly considered to be domesticated in the United States. Domestic
animals include:
[Amended 4-16-2019 by Ord. No. 7-2019]
Companion animals;
Livestock;
Farm-raised deer;
A pet bird;
Farm-raised game birds not released to the wild;
Poultry;
Ratites;
Farm-raised fish not released to the waters of the state; and
Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit
or caracul that are born, bred, and raised in captivity and are not
endangered or threatened species.
Any other animal designated as a harmful wild animal under
Wisconsin Statutes or the Wisconsin Administrative Code, including
but not limited to:
Members of the species felis concolor (commonly known as "cougars");
Members of the family ursidae (commonly known as "bears");
Wild and feral swine (as defined in § NR 16.11(3),
Wis. Adm. Code);
Anatidae (the species anserinae Cygnus, commonly known as "mute
swans");
Canidae, hybrids of the species Canis lupus, C. Lycaon, of C.
rufus, (commonly known as "wolves") and the species Canis familiaris,
domestic dogs, and subsequent generations from such matings. These
animals are commonly called wolf-dog hybrids or wolf dogs.
Any individual, partnership, firm, joint stock company, corporation,
trust, estate, or other legal entity.
[Added 4-16-2019 by Ord.
No. 7-2019]
Any animal of a wild nature that is normally found in the
wild and that is not a domestic animal.
This article is enacted under the authority contained in § 169.43,
Wis. Stats.
A.
Except as otherwise provided herein, no person within the unincorporated
areas of Green Lake County shall own, keep, maintain, harbor, or have
in his or her possession, or under his or her control, or sell, or
offer to purchase, any wild animal, harmful wild animal, or animal
with vicious or dangerous propensities, including, but not limited
to, any of the following animals:
[Amended 4-16-2019 by Ord. No. 7-2019]
(1)
Poisonous or venomous animals and reptiles, including snakes that
are capable of causing serious injury to humans or other animals;
(2)
Apes: Chimpanzees (Pan); Gibbons (Hylobates); Gorillas (Gorilla);
Orangutans (Pongo); and Siamangs (Symphalangus);
(3)
Baboons (Papoi, Mandrillus);
(4)
Bears (Ursidae);
(5)
Cheetahs (Acinonyx jubatus);
(6)
Crocodilians (Crocodilia);
(7)
All snakes not indigenous to Wisconsin. Exception: a boa constrictor
or ball python up to four feet in length or any other snake which
does not exceed three feet in length are allowed;
(8)
Coyotes (Canis latrans);
(9)
Elephants (Elephas and Loxodonta);
(10)
Game cocks and other fighting birds;
(11)
Hippopotami (Hippopotamidae);
(12)
Hyenas (Hyaenidae);
(13)
Jaguars (panther onca);
(14)
Leopards (Panthera pardus);
(15)
Lions (Panthera leo);
(16)
Lynxes (Lynx);
(17)
Monkeys, old world (Ceropithecidae);
(18)
Piranha fish (Characidae) exceeding six inches in length;
(19)
Pumas (Felis concolor); also known as "cougars," "mountain lions,"
and "panthers";
(20)
Rhinoceroses (Rhinocero tidae);
(21)
Sharks (class Chondrichthyes) exceeding six inches in length;
(22)
Snow leopards (Panthera unicia);
(23)
Tigers (Panthera tigris);
(24)
Wolves (Canis lupus);
(25)
Wolf-dog hybrids;
(26)
Poisonous or venomous biting insects; except beekeeping is allowed.
(27)
Poisonous tarantula and poisonous or venomous biting spiders;
(28)
Wolverines, fishers, martens, wild Russian boars, bobcats or
ocelots;
(29)
Any other wild animal not native to Wisconsin and not controlled
by game farm licensure;
(30)
Any hybrid or crossbreed of any of the above with a domestic
animal.
B.
Any restricted animal listed in § 103-29 above, owned, possessed, harbored, kept, or maintained in violation of this section may be impounded and destroyed by the County, or its agents, at the expense of the violator.
(1)
Any law enforcement, humane or public health officer shall have the
authority to enforce the provisions of this section, including, but
not limited to, seizing any animal that the officer reasonably believes
is being possessed, harbored, owned, kept, or maintained in violation
of this section.
(2)
Any such animal or creature seized pursuant to this section shall
be held in a facility designated by the County until the animal or
creature is identified as to genus and species to ascertain if the
animal is an endangered species identified as such in the Wisconsin
Statutes. At any time after such identification, the County may destroy
the animal as provided herein.
(3)
The animal seized shall be impounded. The County may require the
appealing party to post bond in an amount sufficient to satisfy the
cost of holding and identifying the animal. If it is determined that
the animal has been owned, possessed, harbored, kept, or maintained
in violation of this section, the costs incurred by the County for
impounding, holding, and identifying the animal shall be paid by the
violator. Anyone found to be in violation of this section shall, in
addition to the penalties provided, forfeit the prohibited animal
to the County for destruction or disposition as deemed proper. Prior
to such forfeiture, the County may direct a transfer of the animal
to a qualified zoological, educational, or scientific institution
or qualified private propagator for safe keeping, with the cost thereof
being assessed and paid by the violator.
C.
This section shall not apply to:
[Amended 4-16-2019 by Ord. No. 7-2019]
(1)
Any person exempt from licensing by the Department of Natural Resources
under Ch. 169, Wis. Stats.
(2)
Any person exempt under § 169.07, Wis. Stats.
(3)
Any person who possesses a license or other approval issued by the
Department of Natural Resources under Ch. 169, Wis. Stats. or § 29.319,
Wis. Stats. to possess, purchase, or sell a live wild animal.
D.
Any person who is exempt under Subsection C shall ensure that:
[Added 4-16-2019 by Ord.
No. 7-2019]
(1)
The location where the animal is housed conforms to the provisions
of the zoning ordinances of the municipality in which the animal is
housed.
(2)
The animal is handled and treated humanely in conformity with all
state statutes and administrative codes applicable to that particular
animal.
(3)
The licensed facility housing the animal conforms to all state statutes
and administrative codes applicable to that particular animal.
A.
The provisions of this article shall be enforced by the Green Lake
County Sheriff, the Green Lake County Department of Public Health,
and/or other persons authorized by the Green Lake County Sheriff or
the Green Lake County Department of Public Health. This article may
be enforced by citation, injunction or civil forfeiture. The Green
Lake County Corporation Counsel and District Attorney are also authorized
to bring an action to enforce the provisions of this article.
B.
The Green Lake County Sheriff and those designated by the Sheriff
are authorized to catch and impound restricted animals at large with
such authorization to include the pursuit of restricted animals upon
non-animal-owner private property. It shall be a violation of this
article to interfere with the law enforcement officer, public health
officer or designee, trained individual or Green Lake County Sheriff's
office employee in the performance of their duties.
Any person violating any provisions of this article shall, upon
conviction thereof, forfeit not less than $50 nor more than $1,000
together with all court costs. If any violation be continuing, each
day's violation shall be deemed a separate violation.
