[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 7, Ch. 1, of the 2004 Code of Ordinances. Amendments noted where applicable.]
A. 
License required. It shall be unlawful for any person in the Town of Lowell to own, harbor or keep any dog more than five months of age on January 1 of the license year without complying with the provisions of this chapter relating to the listing, licensing and tagging of the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Definitions. In this chapter, unless the context or subject matter otherwise require:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog, shall be deemed to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
NEUTERED
A dog having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog and the occupant of any premises on which a dog 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 within the meaning of this section.
PET
An animal kept and treated as a pet.
A. 
Rabies vaccination; exemption.
[Amended 9-9-2020 by Ord. No. 2020-4; 5-11-2021 by Ord. No. 2021-1]
(1) 
Except as described in Subsection A(2), below, 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 Lowell 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 by a veterinarian before the date of 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.
(2) 
Exemption. As allowed by § 95.21(9)(d), Wis. Stats., the Town of Lowell may exempt the owner of a dog from the requirement to have the dog vaccinated against rabies for a year based on a letter from a veterinarian stating that vaccination is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regimen of therapy that the dog is undergoing. The Town shall require the owner to provide a new letter for each year in which the owner seeks an exemption under this subsection.
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 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 Town of Lowell to own, harbor or keep any dog more than five months of age without complying with the provisions of § 174.05 through § 174.10, Wisconsin Statutes, 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 § 117-2 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 § 117-2E.
(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 Lowell continues to be unlicensed constitutes a separate offense for which a separate penalty applies. Unlicensed dogs may be impounded at the Beaver Dam Humane Society or current contractual service.
(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. 
Multiple-dog (kennel) licenses.
(1) 
Any person who keeps or harbors multiple dogs may, instead of the license tax for each dog required by this chapter, apply for a multiple-dog license for the keeping or harboring multiple dogs. Such person shall pay for the license year a license tax in accordance with the Town Board's current Fee Schedule for a multiple-dog license. Upon payment of the required multiple-dog 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/her deputy shall issue the multiple-dog license and a number of tags equal to the number of dogs authorized to be kept.
(2) 
The owner or keeper of multiple dogs shall keep at all times a multiple-dog license tag attached to the collar of each dog over five months old kept by the owner or keeper under a multiple-dog 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 multiple-dog 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Town Treasurer shall assess and collect a late fee as prescribed in accordance with the Town Board's current Fee Schedule 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 is quarantined for rabies, all dogs and cats within the district 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 Town notices of quarantine.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Exemption of vaccinated dog or cat from Town 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 Town 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. 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 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) 
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 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.
A. 
Restrictions. It shall be unlawful for any person within the Town of Lowell 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.[1]
[1]
Editor's Note: See also § 210-3J of Ch. 210, Nuisances.
(4) 
Habitually barks or howls to the annoyance of any person or persons (see § 117-11).
(5) 
Kills, wounds or worries any domestic animal.
(6) 
Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
(7) 
In the case of a dog, is unlicensed.
B. 
Vicious dogs and animals.
(1) 
For purposes of enforcing this section, a dog shall be deemed as being of a vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove provided may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the law enforcement authorities.
(2) 
No person shall harbor or permit to remain on his/her premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
C. 
Animals running at large.[2]
(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/her 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.
[2]
Editor's Note: See also § 210-3J of Ch. 210, Nuisances.
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.
A. 
Animal control agency.
(1) 
The Town of Lowell 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 impoundment animals and for assisting in the administration of rabies vaccination programs.
(2) 
The Town of Lowell does hereby delegate any such animal control agency, and specifically the Beaver Dam Humane Society, 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, any law enforcement or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Town, assaults or attacks any person, is at large within the Town, 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 office must see or hear the violation of this section 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 Town 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 humane officer, the animal shall be impounded. 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 or publish a legal notice, 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. 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 14 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Town Board. No animal shall be released from the pound without being properly licensed if so required by state law or Town ordinance.
D. 
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.
E. 
Town not liable for impounding animals. 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 public cemetery. Every dog specially 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 for 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. A dog or cat is considered to be in violation of this section when two formal, written complaints are filed with the Town within a six-week period.[1]
[1]
Editor's Note: See also § 210-5J of Ch. 210, Nuisances.
A. 
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.
B. 
Proper facilities required; age and quantity of animals limited.
(1) 
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.
(2) 
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 less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.
A. 
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.
B. 
The food shall be sufficient to maintain all animals in good health.
C. 
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 animal.
A. 
Proper shelter. 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.
B. 
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.
C. 
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.
(a) 
Animals generally. 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.
(b) 
Dogs. 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.
D. 
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.
E. 
Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
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, 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/she shall prove that such killing was unwarranted.
(5) 
Section 173.10, Investigation of Cruelty Complaints, and § 173.24, Expenses of Investigation, Wis. Stats., 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.
A. 
Acts of cruelty prohibited. No person except a law enforcement, health or humane officer in the pursuit of his/her duties shall, within the Town, commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.
B. 
Leading animal from motor vehicle. No person shall lead any animal upon a Town street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.
C. 
Use of poisonous and controlled substances. 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 it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.
D. 
Use of certain devices prohibited. 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.
E. 
Shooting at caged or staked animals. 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. Animal slaughter operations permitted under state regulations are excepted from this subsection.
A. 
Definitions. A "wolf/dog hybrid" is defined as any crossbreed resulting from the mating of a domesticated dog and a wolf, coyote, jackal or dingo or resulting from the mating of any wolf/dog hybrid and another wolf/dog hybrid or a domesticated dog. As used herein:
CANINE ANIMAL
Includes all members of the family Canidae except foxes.
COYOTE
Canis latrans.
DINGO
Canis dingo.
DOMESTICATED DOG
Canis familiaris.
JACKAL
Canis aureus.
WOLF
Includes both Canis lupus and Canis niger.
B. 
Prohibition on unregistered animals. No person shall harbor, keep or maintain within the Town of Lowell any wolf/dog hybrid which has not been registered pursuant to Subsection K below on or before January 30, 2004. This prohibition shall not apply to animals being transported through the limits of the Town of Lowell within a one-hour period of time. A pup born to a female wolf/dog hybrid so registered shall be removed from the Town of Lowell before it has reached the age of five months. Wolf/dog hybrids permitted in the Town of Lowell shall be confined as set forth in this section.
C. 
Removal; impoundment. Whenever any person is charged with harboring, keeping or maintaining a wolf/dog hybrid in the Town of Lowell which has not been registered on or before January 30, 2004, that person shall, to the satisfaction of the court, remove said animal from the Town of Lowell until a trial on the citation. If said animal has not been so removed within 48 hours of the service of the citation, the said animal may be impounded as directed by the Town Board until the trial on the citation. In that case, the owner of any such animal shall pay all expenses incurred due to such impoundment, including but not limited to the cost of shelter, food, handling and veterinary care. If it is determined by plea or trial that said animal is a wolf/dog hybrid not registered pursuant to Subsection K on or before January 30, 2004, it shall be removed from and not returned to the Town of Lowell.
D. 
Confinement requirements. The owner of any wolf/dog hybrid permitted to be kept in the Town of Lowell, and the owner of any property on which such wolf/dog hybrid is kept, shall see that the animal is at all times confined according to the minimum requirements of this section. A wolf/dog hybrid may be kept only in enclosures that meet the following minimum requirements:
(1) 
The first enclosure shall be constructed of not less than nine-gauge galvanized chain link fencing, with mesh openings not greater than two inches, which shall be securely anchored by stainless steel or copper rings, placed at intervals not greater than six inches apart, to a poured concrete base as described herein. Such enclosure shall be not less than 500 square feet in area, plus 250 square feet for each additional canine animal kept therein. Such enclosure shall be the location in which any wolf/dog hybrid is primarily kept.
(2) 
The first enclosure shall extend to a height of not less than eight feet, and shall be surrounded from ground level to a height of not less than four feet by one-fourth-inch galvanized mesh screening.
(3) 
The first enclosure shall have a full top, which shall also be constructed of not less than nine-gauge chain link fencing with mesh openings not greater than two inches, and which shall be securely anchored to the sides of the enclosure. The entire base of the first enclosure shall be a poured concrete slab floor at least four inches thick.
(4) 
The second enclosure shall consist of a securely anchored fence at least six feet in height, which shall entirely surround the first enclosure, and no part of which shall be nearer than six feet from any part of the first enclosure. Said fence shall be a "vision barrier" fence, no more than 5% open for through vision; except, however, that the portion of said fence facing the dwelling of the owner of said animals or of the property on which they are kept shall be constructed of not less than nine-gauge chain link fencing, to provide for observation of said animals. If any portion of said fence is made of wood, the finished or painted side thereof shall face outward from the first enclosure.
(5) 
Both enclosures shall be kept locked with case-hardened locks at all times when an animal is unattended by an adult. The first (innermost) enclosure shall have double entrance gates or doors situated and constructed in such a fashion as to prevent an animal from escaping past an open gate or door. The gates or doors providing access to the first (innermost) enclosure shall be spring-loaded, so as to shut on their own accord behind anyone entering that enclosure.
(6) 
Within the first enclosure, shelter shall be provided adequate to protect the animals confined against weather extremes. The first enclosure shall be regularly cleaned to remove excreta and other waste materials, dirt and trash in a manner adequate to minimize health hazards and avoid offensive odors.
(7) 
The above-described enclosures shall be located in the rear yard of any property on which a wolf/dog hybrid is kept.
E. 
Transportation and muzzling of animals. A wolf/dog hybrid may be transported only if confined in a secure, locked container, covered with one-fourth-inch galvanized fine mesh screen. This subsection shall not prohibit the walking of such animals, provided they are muzzled and restrained by a leather lead, at least one inch in diameter and not exceeding three feet in length, attached to a metal choker-type collar, under the control of an adult. The muzzle must be made in a manner that will not cause injury to the wolf/dog hybrid or unduly interfere with its vision or respiration, but will prevent it from biting any person or animal.
F. 
Right of inspection. To ensure compliance with this section, any person possessing any registration papers, certificate, advertisement or other written evidence relating to the bloodlines or ownership of a canine animal found within the Town shall produce the same for inspection on demand of any law enforcement, conservation or public health officer or court.
G. 
Limitation on numbers. No person shall own, harbor or keep in his/her possession on any one parcel of property more than two wolf/dog hybrids over five months of age at any one time, nor shall any person retain a litter or portion of a litter of wolf/dog hybrids longer than five months.
H. 
Veterinary exception. The foregoing provisions of this section shall not apply to doctors of veterinary medicine in temporary possession of wolf/dog hybrids in the ordinary course of their practice.
I. 
Abandonment or negligent release. No person shall willfully or negligently release or abandon a wolf/dog hybrid as defined herein within the Town.
J. 
Nonconforming enclosures. As to any person keeping wolf/dog hybrids in existing enclosures in the Town of Lowell on the date of passage of this section, Subsection D shall take effect on January 30, 2004; for all other persons, said subsection shall take effect and be in force from and after passage and publication as provided by law. The remaining provisions of this section shall take effect and be in force from and after passage and publication as provided by law.
K. 
Wolf/dog hybrid registration. All owners of any wolf/dog hybrid in the Town of Lowell shall, on or before January 30, 2004, and annually thereafter on or before January 30 of each year register such animal and provide a current color photograph of such animal with the Town Clerk's office and pay a registration fee as prescribed in accordance with the Town Board's current Fee Schedule. At the time of registration, each owner of any wolf/dog hybrid kept within the Town limits shall provide to the Town Clerk proof of liability insurance in the amount of at least $1,000,000 for any acts of property damage, personal injury or other liability incurred by virtue of any injury or damage inflicted by such wolf/dog hybrid. Such insurance shall name the Town of Lowell as coinsured solely for the purpose of notice of cancellation of such insurance policy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
L. 
Warning sign. The owner or keeper of a wolf/dog hybrid shall display on the premises on which such animal is kept signs warning that there is a wolf/dog hybrid on the property as provided herein. Such signs shall be visible and capable of being read within at least 20 feet of their placement, but shall not be more than two square feet in area, and shall state in bold, capital letters, on a white background, the following: WARNING - WOLF/DOG HYBRIDS PRESENT. One such sign shall be placed in the front yard of any property on which any wolf/dog hybrid is kept, and additional such signs shall be placed on all gates or doors providing access through the second (outermost) enclosure required above.
It shall be unlawful for any person to keep more than three domestic dogs over five months of age on any premises within the Town unless a multiple-dog permit has been issued by the Town's listing official.
Any person violating any provision of this chapter shall be subject to a forfeiture as prescribed in § 1-3. 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.